STATE OF MARYLAND OFFICE OF 1HE GOVERNOR VIA EMAIL (foia@americanoversight.org) • LAWRENCEJ. HOGAN,JR. GOVERNOR STATEHOUSE JOOSTATE CIRCLE ANNAPOUS. MARYLAND2140/-/925 (4/0) 974-390/ (TOLL FREE) I-HOO-HI I-IIJJ6 TTY USERS CALL \'IA MD RELAY August 16, 2018 Austin R. Evers Executive Director, American Oversight Dear Mr. Evers: This letter responds to your Public Information Act ("PIA") request of July 9, 2018, in which you sought the following records, beginning on October 1, 2017: All records reflecting communications (including emails, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, or other materials) between the Office of the Governor and any of the following persons or organizations: a) Gun Owners of America (@gunowners.org); b) Erich Pratt; c) Larry Pratt; d) Tim Macy; e) Michael Hammond; f) The National Rifle Association (the "NRA") (@nrahq.org or@nra.org); g) Oliver North; h) Wayne LaPierre; i) John Commerford; j) Shannon Alford; k) The National Rifle Association Institute for Legislative Action ("NRA-ILA") (@nraila.org); 1) Chris Cox; m) J. William Pitcher; n) Julia Pitcher Worcester; o) The Second Amendment Foundation (@saf.org); Mr. Austin R. Evers August 16, 2018 p) Joseph Tartaro; q) Alan M. Gottlieb; r) Maryland State Rifle and Pistol Association (mrspa .org); s) Michael Doherty; t) National Shooting Sports Foundation (nssf.org); u) John Pica; v) Mt. Washington Rod & Gun Club (mtwashingtonrg.org); or w) John Josselyn. Your request is approved and fulfilled by the attached documents. We have withheld from production four emails reflecting an application and letters of reference for an applicant seeking membership on the Baltimore City Liquor Board. Similarly, three emails are being withheld that reflect applications and letters of reference for two candidates for the board for the Chesapeake Employers' Insurance Company. We are required to withhold such letters of reference and personnel records pursuant to Md. Code, Gen . Provisions ("GP") §§ 4-310 and 4-311. In addition, the name of an applicant for a position in State government has been redacted pursuant to GP § 4-310 from five separate emails. In each instance, the word "applicant" has been written to replace that individual's name. If you object to the withholding or redaction of documents, you are entitled to dispute resolution before the PIA Ombudsman pursuant to GP §§ 4-lB-0 1 to 04. You are also, pursuant to GP § 4-362, entitled to judicial review of the decision. If you have any further questions or concerns, please contact me at (410) 974-2193 or stu.cherry@maryland.gov. Sincerely, Stuart A. Cherry Deputy Legal Counsel - Page 2 of 2 - Senate Bill 817- Letters to Senator Conway Subject: Senate Bill 817- Letters to Senator Conway From: John Pica Date: 2/6/2018 1:34 PM Attachments: D Sunday Hunting CC: 'Jake McGuigan' , 'Trevor Santos' , 'Allison Bill Letters.docx {20.4 KB) Cordell -DNR-' , , , "jeannie.riccio@maryland.gov" "kara@sportsmenslink.org" Bill Miles , John Pica To: "ydm@abacuscorporation.com" , "efh@baltimoreblast.com" , , "rwade@loan//ocis.com" "hfrank@hearst .com" , , "jfountain@garrisonadvisors.com" "tobybozzuto@bozzuto.com" , "rwade@loanlocis.com" "pau1susie1@gmail.com" , "abrownconsu1ting8312@gmail.com" "ehale@haletrans.net" , , , "tbozzuto@bozzuto.com" 'Phil Federico' , All Attached are 3 sample letters in support of SB 817. Please choose a letter and send to Senator Conway. Let's get as many people possible to send letters. Thanks. Mail to: Senator Joan Carter Conway 2 West Miller Senate Office Building 11 Bladen Street Annapolis, MD 21401 Phone:410-841-3145 John A. Rea, Jr. Rea & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 l\tlobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, Maryland Senate · 1983 to 1998 1 of3 MDG-18-0397-A-000001 7/19/2018 2:05 PM Senate Bill 817- Letters to Senator Conway Member, House of Delegates 1979 to 1983 From: Bill Miles [mailto:billmiles@chesapeake.net] Sent: Monday, February OS,2018 7:55 PM To: John Pica ; ydm@abacuscorporation.com; efh@baltimoreblast.com; paulsusiel@gmail.com; rwade@loan//ocis.com; hfrank@hearst.com; abrownconsulting8312@gmail.com; ehale@haletrans.net; jfountain@garrisonadvisors.com; tobybozzuto@bozzuto.com; tbozzuto@bozzuto.com; 'Phil Federico' ; rwade@loanlocis.com Cc: 'Jake McGuigan' ; 'Trevor Santos' ; 'Allison Cordell -DNR-' ; jeannie.riccio@maryland.gov; kara@sportsmenslink.org Subject: Miles -- Sunday Hunting Legislation -- Senate Hearing Date Importance: High The Sunday hunting bill - SB 817 - has been scheduled: February 27, 2018@ 1 pm before SEHEA. Bill Miles From: Bill Miles [ mailto:billmiles@chesapeake.net] Sent: Sunday, February 04, 20189: 35 AM To: 'John Pica'; 'ydm@abacuscorporation.com'; 'efh@baltimoreblast.com'; 'paulsusiel@gmail.com'; 'rwade@loan//ocis.com'; 'hfrank@hearst.com'; 'abrownconsulting8312@gmail.com'; 'ehale@haletrans.net'; 'jfountain@garrisonadvisors.com'; 'tobybozzuto@bozzuto.com'; 'tbozzuto@bozzuto.com'; 'Phil Federico'; 'rw ade@loanlocis.com' Cc: 'Jake McGuigan'; 'Trevor Santos (tsantos@nssf.org)'; 'Allison Cordell -DNR-'; 'jeannie.riccio@maryland.gov'; 'kara@sportsmenslink.org' subject: Miles-- Sunday Hunting Legislation Fellow Sportsmen & Sportswomen Hunting season finally ended yesterday and trust, once again, all enjoyed being afield for a memorable waterfowl season . The Senate bill is in : Senate Bill 817 . We were able to secure its introduction as a bi-partisan initiative (link below with sponsors). Please know too that I met with the Leadership of the bi-partisan Maryland Legislative Sportsmen's Caucus on Thursday about the initiative and was instructed to develop their formal position of support. The House companion bill will be introduced early next week, likewise as a bi-partisan initiative. Note: it'll likely not be until tomorrow when the link below to SB 817 will actually allow a reading of the bill, it's simply the legislative system catching up with itself, so it's now you being unable to read it. http://mgaleg.maryl and. gov/ webm ga/ frmMain.as px?pid=bill page&tab =subject3&id=sb0817&stab=01& ys=2018RS MDG-18-0397-A-000002 2 of3 7/19/2018 2:05 PM Senate Bill 817- Letters to Senator Conway Know also at the Maryland Hunting Coalition's annual Hunter's Rally@ Lawyer's Mall (State House) last Thursday we met with over 100 lawmakers and expressed, among other things, the importance of this bill. The response was encouraging. support-related We also expressed same to Governor Hogan and I can defensibly say his response was equally encouraging. Now, the real work begins . Bill Miles Advisor, Maryland Legislative Sportsmen's Caucus Advocate, Maryland Hunting Coalition 443/404-7449 From: John Pica [ mailto:JPica@johnpica.com] Sent:Thursday, February 01, 201811:54AM To: ydm@abacuscorporation.com ; efh@baltimoreblast.com; paulsusiel@gmail.com; rwade@loan//ocis.com ; hfrank@hearst.com ; abrownconsultinq8312@gmail.com; ehale@haletrans.net; jfountain@garrisonadvisors.com ; tobybozzuto@bozzuto.com ; tbozzuto@bozzuto.com; Phil Federico; rwade@loanlocis.com Cc: Jake McGuigan; Trevor Santos (tsantos@nssf.org); 'Allison Cordell -DNR-'; Bill Miles; jeannie.riccio@maryland.gov ; kara@sportsmenslink.org Subject: RE: Sunday Hunting Legislation All Attached is the final draft of the Sunday Hunting bill. It will be turned into the clerk's office for introduction today or tomorrow. We should have a bill number by Tuesday. Once we get a bill number we can begin writing letters to legislators and making phone calls . I'll get back to everyone next week. Please call me if you have any questions . John John A . Rea , Jr. Rea & Assoc iates , LLC 14 State Circle Annapolis , MD 21401 41 0 990 1250 Off ice 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica .com Member, Mary land Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 MDG-18-0397-A-000003 3 of3 7/19/2018 2:05 PM Sunday Hunting Bill Letters LETTER# 1Re: Senate Bill 817 SUPPORT Dear Senator Conway, I'm writing to ask for your support for SB 817. I'm an avid hunter. Because of my work schedule, I am only able to hunt on weekends. SB ___ would allow the Department of Natural Resources to implement additional days of Sunday hunting. I frequently bring guests with me. This bill would add a day of hunting on some weekends and enable guests to spend an additional day with me and my family. Please vote in favor of SB 817 . Sincerely, LETTER#2Regarding: Senate Bill 817 SUPPORT Dear Senator Conway, Please vote in favor of Senate Bill 817. I hunt on weekends with my kids and would really enjoy an extra day hunting with my family. Please vote in favor of Senate Bill 817. Thank you. Very truly yours, LETTER#3 Re: SUPPORTSENATEBILL817 Dear Senator Conway, Please support Senate Bill 817 . There are a limited number of days we are able to hunt in Maryland. With your support of this bill, we would be able to enjoy a longer weekend with our family and friends. Please vote in favor of SB 817. Your vote is very important. Thank you. Sincerely, MDG-18-0397-A-000004 RE: Introduction - staffing Subject: RE: Introduction - staffing From: Kim Borchers Date: 5/21/2018 3:38 PM To: Chris Cavey -GOV- , Shannon Alford Chris, What a small world! I'll send you an evite for us to visit by phone and hopefully the times will work for you . If not, send me what works best on your end . On a side note, I would love to see that picture! I'll look forward to visiting with you. Kim Kim Borchers Director of Executive Leadership Development Foundation for Government Accountability office: 239-244-8808 Ext. 28 cell: 785-640-8868 TheFGA.org From: Chris Cavey -GOV- Sent: Sunday, May 20, 2018 9:00 AM To: Shannon Alford Cc: Kim Borchers Subject: Re: Introduction - staffing Kim, Look forward to hearing from you. Fun fact: Gov. Brownback was at K State same time I was at Maryland. We are fraternity brothers (Alpha Gamma Rho - the Ag fraternity) from different chapters . We met way back in the mid 70's and again at the 2008 RNCConvention. He would never remember, but I have a great picture of us at the convention somewhere ... Chris !I CHANGING Maryland for rht &rr,r 1 of3 Chris Cavey Secretary of Appointments Office of Governor Larry Hogan 16 FrancisStreet, 5th Floor Annapolis, Maryland 21401 410-974-2611 MDG-18-0397-A-000005 7 /19/20181:34 PM RE: Introduction - staffing I govappointments.maryland.gov CONFIDENTIAL, FOR INTERNAL USE ONLY - PROTECTEDBY EXECUTIVEPRIVILEGE On Sat, May 19, 2018 at 1:31 PM, Shannon Alford wrote: Chris, Wonderful! Chris, as I mentioned Kim is our Director of Executive Leadership Development and comes to us from Governor Brownback's senior staff. She runs our talent bank and has a real knack for finding great people. Kim, Chris is Governor Hogan's Secretary of Appointments before entering politics full-time, and has a background as an insurance broker a real pillar of Maryland GOP politics. I hope you all can get together at some point and meanwhile that FGA can help out in Maryland! Regards, Shannon From: Chris Cavey -GOV- Sent: Friday, May 18, 2018 9:43:32 AM To: Shannon Alford Subject: Re: Introduction - staffing Shannon, Sure I remember! Always happy of meet new contacts. Make the introduction - we will work something out in our schedule. Chris ~ CHANGING Maryland fard1t &m-r Chris Cavey Secretary of Appointments Office of Governor Larry Hogan 16 Francis Street, 5th Floor Annapolis. Maryland 21401 410-974-2611 govappointments.maryland.qov CONFIDENTIAL, FOR INTERNAL USE ONLY - PROTECTEDBY EXECUTIVEPRIVILEGE On Thu, May 17, 2018 at 10:26 AM, Shannon Alford wrote: Hi Chris, 2 of3 MDG-18-0397-A-000006 7 /19/20181 :34 PM RE: Introduction - staffing I haven't talked with you in a while, you may remember me as having worked for Tony O'Donnell years ago (maiden name Oxley) and then as Maryland's NRA lobbyist. I'm currently with an organization called the Foundation for Government Accountability, a non partisan think tank that provides policy solutions in the healthcare and workforce development arenas. We also provide executive staffing support across the country, helping to place senior level executive staff in Governor's offices and agencies primarily focused on healthcare policy. I'd like to connect you with Kim Borchers, our Director of Executive Leadership Development in the hopes that she and you can develop a positive relationship in the future. Hope to see you at some events this summer. Thanks, Shannon Shannon Alford Government Affairs Director Foundation for Government Accountability office: 239.244.8808 ext. 104 cell: 410.708.1035 TheFGA.org 3 of3 MDG-18-0397-A-000007 7/19/2018 1:34 PM MTABid Subject: MTA Bid From: John Pica Date: 11/30/2017 2:06 PM Attachments: 0 MTA Bid.pdf (7.6 MB) To: "tiffany.robinson@maryland.gov" Tiffany Attached is the MTA Pest and Rodent Control bid. The bid has been placed under the Small Business Reserve. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 rvbbile 410 280 2546 Fax Website- www.johnpica .com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: Selander, Gina [mailto:gselander@homeparamount .com] Sent: Friday, November 24, 2017 11:17 AM To:John Pica Cc: Whipp, Judy ; Bromwell, Thomas Subject: RE: MTA John, Please see the attached MTA bid currently up for bid. Best Regards, Gina Selander Commercial Operations Coordinator Corporate Office Home Paramount Pest Control (410) 510-0700 x8162 MDG-18-0397-A-000008 1 of2 7/19/2018 3:26 PM MTA Bid http://www.homeparamount.com / Disclaimer: This information is intended solely for the use of the individual to whom it is addressed. Any review, disclosure, copying, distribution or use of this e-mail communication by others is strictly prohibited. If you are not the intended recipient, please notify us immediately by returning this message to the sender and delete all copies. MDG-18-0397-A-000009 2 of2 7/19/2018 3:26 PM MARYLANDDEPARTMENT OF TRANSPORTATION STATE OF MARYLAND MARYLAND DEPARTMENT OF TRANSPORTATION MARYLAND TRANSIT ADMINISTRATION INVITATION FOR BIDS (IFB) SOLICITATION NO. AGY-18-004-MT MTA PEST AND RODENT CONTROL Issue Date: November 9, 2017 NOTICE TO BIDDERS/OFFERORS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article,§§ 14-501 -14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. See IFB Section l .44 for additional information. MDG-18-0397-A-000010 STATE OF MARYLAND NOTICETO VENDORS In order to help us improve the quality of State solicitations,and to make our procurement process more responsive and business friendly, we ask that you talcea few minutes and provide comments and suggestionsregarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completedform to the attention of the Procurement Officer (see the Key Information Sheet below for contact information). 1. Title: MTA Pest and Rodent Control SolicitationNo: AGY-18-004-MT If you have chosen not to respond to this solicitation,please indicate the reason(s) below: ( ) ( ) ( .) ( ) ( ) ( ) ( ( ( ( ( ) ) ) ) ) ( ) ( ) ( ) ( ) 2. Other commitmentspreclude our participationat this time. The subject of the solicitation is not somethingwe ordinarilyprovide. We are inexperiencedin the work/commoditiesrequired. Specificationsare unclear, too restrictive,etc. (Explainin REMARKS section.) The scope of work is beyond our present capacity. Doing business with the State of Marylandis simply too complicated. (Explain in REMARKS section.) We cannot be competitive. (Explainin REMARKSsection.) Time allotted for completion of the Bid/Proposalis insufficient. Start-up time is insufficient. Bonding/Insurancerequirementsare restrictive. (Explain in REMARKS section.) Bid/Proposal requirements (other than specifications)are unreasonable or too risky. (Explain in REMARKS section.) MBE or VSBE requirements. (Explain in REMARKSsection.) Prior State of Maryland contract experiencewas unprofitableor otherwise unsatisfactory. (Explain in REMARKS section.) Payment schedule too slow. Other:_ ___ _____ _ _ __ _______ _ ___ _ If you have submitted a response to this solicitation,but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.). REMARKS: Vendor Name: _________________ _ Contact Person: _____________ _ Date: _________ Phone (_J __ _ -------- Address:_________________________ _ E-mail Address: ________________________ AGY-18-004-MT _ MTA Pest and RodentControl Pngclli MDG-18-0397-A-000011 STATE OF MARYLAND MARYLAND TRANSIT ADMINISRATION IFB KEY INFORMATION SUMMARY SHEET Invitation for Bids: MT A Pest and Rodent Control Solicitation Number: AGY-18-004-MT IFB Issue Date: November 9, 2017 IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration Procurement Officer: Cheryll Brewton, Procurement Officer 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Phone:410-767-3446 Fax: 410-333-4810 cbrewton@mta.maryland.gov Bids are to be sent to: Maryland Transit Administration 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Attention: Cheryll Brewton Pre-Bid Conference: November 28, 2017 at 1:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d1 Floor Baltimore, Maryland 21202 Bid Due (Closing) Date and Time: December 14, 2017 at 1:30 P.M. Local Time Public Bid Opening: December 14, 2017 at 2:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d•Floor Baltimore, Maryland 21202 AGY-18-004-MT Page I Iii MT A Pest and Rodent Control MDG-18-0397-A-000012 Table of Contents SECTION 1-GENEML 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 'IN'FORMATION.............................................................................. 6 Summary Statement ......................................................................................................... 6 Abbreviations and Definitions ......................................................................................... 6 Contract Type...................................................................................................................7 Contract Duration ............................................................................................................. 7 Procurement Officer .......................................................................... ;.............................. 8 Contract Monitor .............................................................................................................. 8 Pre-Bid Conference .......................................................................................................... 8 eMarylandMarketplace .................................................................................................... 9 Questions .......................................................................................................................... 9 Procurement Method ........................................................................................................ 9 Bids Due (Closing) Date and Time .................................................................................. 9 Multiple or Alternate Bids ............................................................................................. 10 Receipt, Opening and Recording of Bids ...................................................................... 10 Confidentiality of Bids ................................................................................................... 10 Award Basis ................................................................................................................... 10 Tie Bids .......................................................................................................................... 11 DurationofBid .............................................................................................................. 11 Revisions to the IFB ....................................................................................................... 11 Cancellations .................................................................................................................. 11 Incurred Expenses .......................................................................................................... 11 Protest/Disputes ............................................................................................................. 11 Bidder Responsibilities .................................................................................................. 11 Substitution of Personnel ............................................................................................... 12 Mandatory Contractual Terms ....................................................................................... 12 Bid/Proposal Affidavit ................................................................................................... 12 Contract Affidavit .......................................................................................................... 12 Compliance with Laws/Arrearages ................................................................................ 12 Verification of Registration and Tax Payment .............................................................. 12 False Statements ............................................................................................................. 13 Pa)'lnents by Electronic Funds Transfer ........................................................................ 13 Prompt Payment Policy .................................................................................................. 13 Electronic Procurements Authorized ............................................................................. 13 Minority Business Enterprise Goal and Subgoals ......................................................... 15 Living Wage Requirements ........................................................................................... 15 Federal Funding Acknowledgement .............................................................................. 16 Conflict of Interest Affidavit and Disclosure ................................................................. 16 Non-Disclosure Agreement ........................................................................................... 16 HIPAA- Business Associate Agreement ...................................................................... 16 Nonvisual Access ........................................................................................................... 16 Mercury and Products That Contain Mercury ............................................................... 16 Veteran-Owned Small Business Enterprise Goal .......................................................... 16 Location of the Performance of Services Disclosure ..................................................... 16 Department of Human Resources (DHR) Hiring Agreement ........................................ 17 AGY-18-004-MT Page I iv MTA Pest and Uodent Contl'ol MDG-18-0397-A-000013 1.44 Small Business Reserve (SBR) Procurement ................................................................ 17 SECTION 2-MINIMUM 2.1 QUALIFICATIONS ..................................................................... 19 Bidder Minimum Qualifications .................................................................................... 19 SECTION 3 - SCOPE OF WORK ........................................................................................... 20 3 .1 3.2 3.3 3.4 3.5 3.6 3.7 Background and Purpose ................................................... ........................... ................. 20 Scope of Work - Requirements ...................................................................................... 20 Security Requirements ................................................................................................... 29 Insurance Requirements ........................... ............................................................ .......... 29 Problem Escalation Procedure ....................................................................................... 30 Invoicing ......................................................................................................... ............... 30 End of Contract Transition ..................... ................................... ..................................... 31 SECTION 4-BID FORMAT .................................................................................................... 32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 One Part Subn1ission ...................................................................................................... 32 Labeling ......................................................................................................................... 32 Bid Price Form ............................................................................................................... 32 Required Bid Submissions ............................................................................. ................ 32 Reciprocal Preference .................................................................................................... 34 Delivery ............................................................... ........................................................... 34 Documents Required upon Notice of Recommendation for Contract Award ............... 35 IFB ATTACHMENTS ................................................................................................................ ATTACHMENT ATI ACHMENT ATI ACHMENT ATI ACHMENT ATTACHMENT ATIACHMENT ATIACHMENT ATI ACHMENT AIT ACHMENT AGY-18-004-MT 36 A-CONTRACT .......................................................................................... 37 B - BID/PROPOSAL AFFIDAVIT ............................................................. 50 C - CONTRACT AFFIDAVIT ..................................................................... 57 D - PRE-BID CONFERENCE RESPONSE FORM ................................... 60 E- BID PRICING INSTRUCTIONS ...................................... .................... 61 E- BID FORM ............................................................................................ 62 F - LNING WAGE REQUIREMENTS FOR SERVICE CONTRACTS .. 63 G - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ........ 67 H - NON-DISCLOSURE AGREEMENT ................................................... 68 MTA Pest nnd Rodent Control Pngelv MDG-18-0397-A-000014 SECTION 1 - GENERAL INFORMATION I t.1 Summary Statement 1.1.1 The Maryland Transit Administration (MT A) is issuing this Invitation for Bids (IFB) to provide MT A properties, vehicles, buildings, office, grounds, and structures ,vith effective and positive control of all rodents and pests. 1.1.2 It is the State's intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract is five (5) years. See Section 1.4 for more information. 1.1.3 The Department intends to award up to two (2) Contracts based on Function Area(s), as a result of this IFB. See IFB Section 1.15 for more information. 1.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder(s) (the Contractors) shall remain responsible for Contract performance regardless of subcontractor participation in the work. I 1.2 Abbreviations and Definitions For purposes of this IFB, the following abbreviations or terms have the meanings indicated below: 1. Bid - A statement of price offered by a Bidder in response to an IFB. 2. Bidder - An entity that submits a Bid in response to this IFB. 3. Business Day(s)-The official working days of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of"Normal State Business Hours" below). 4. COMAR- Code of Maryland Regulations available on-line at www.dsd.state.md.us. 5. Contract-The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the forinof Attachment A. 6. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4. 7. Contract Monitor (CM)-The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor's responsibilities. 8. Contractor - The selected Bidder that is awarded a Contract by the State. 9. Department or MTA- Maryland Transit Administration. AGY-18-004-MT MT A Pest and Rodent Control Page j 6 MDG-18-0397-A-000015 l 0. eMM - eMaryland Marketplace (see IFB Section 1.8). 11. Go-Live Date - The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by this solicitation. See Section 1.4. 12. Invitation for Bids (IFB)-This Invitation for Bids solicitation issued by the MTA, with the Solicitation Number and date of issuance indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors), including any addenda. 13. Local Time - Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. 14. Minority Business Enterprise (MBE)-Any legal entity certified as defined at COMAR 21.0l.02.0IB(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03. 15. Normal State Business Hours - Normal State business hours are 8:00 a.m. - 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov- keyword : State Holidays. 16. Notice to Proceed (NTP) - A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go-Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the Department Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date. 17. Procurement Officer - Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation . After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor. 18. State - The State of Maryland. 19. Total Bid Price - The Bidder's total price for services in response to this solicitation, included in the Bid in Attachment F - Bid Form, and used in determining the recommended awardee (see IFB Section 1.15). 20. Veteran-owned Small Business Enterprise (VSBE)- a business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.l 1.13. 11.3 Contract Type The Contract resulting from this solicitation shall be a finn fixed price as defined in COMAR 21 .06.03.02.A( 1)&(2). I t.4 1.4.1 Contract Duration The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required ("Contract Commencement"). AGY-18-004-MT MTA Pest and Rodent Control Pagel7 MDG-18-0397-A-000016 1.4.2 The period of time from the date of Contract Commencementthrough the Go-Live Date (see Section 1.2 definition and Section 1.4.3) will be the Contract "Start-up Period." During the Start-up Period the Contractor shall perfonn start-up activities such as are necessary to enable the Contractor to begin the successful perfonnance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any activities it perfonns during the Start-up Period. 1.4.3 As of the Go-Live Date contained in a Notice to Proceed (see Section 1.2 definition), the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Bid. 1.4.4 The duration of the Contract will be for the period of time from Contract Commencement from Notice to Proceed for the provision of all services required by the Contract and the requirements of this solicitation. 1.4.5 The Contractor's obligations to pay invoices to subcontractorsthat provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied. I 1.s Procurement Officer The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract (see definition of "Procurement Officer" in Section 1.2). The name and contact information of the Procurement Officer are indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Department may change the Procurement Officer at any time by written notice. No other MTA employees should be contacted referencing this IFB. The vendor is liable for any information received from other than the procurement officer. 11.6 Contract Monitor The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award (see definition of "Contract Monitor" in Section 1.2). The name and contact information of the Contract Monitor are indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Department may change the Contract Monitor at any time by written notice. I i.1 Pre,.J~id Conference . A Pre-Bid Conference (the Conference) will be held at the date, time, and location indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids. The Conference will be summarized. As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to have received a copy of this IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace. See IFB Section 1.8. AGY-18--004-MT MTA Pest nnd Rodent Control Pagel 8 MDG-18-0397-A-000017 In order to assure adequate seating and other accommodations at the Conference, please e-mail or fax the Pre-Bid Conference Response Form (Attachment E) to the attention of the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. The Department will make a reasonable effort to provide such special accommodation. 1 1.s eMarylandMarketplace Each Bidder is requested to indicate its eMaryland Marketplace (eMM) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Bid submission to this IFB. eMM is an electronic commerce system administered by the Maryland Department of General Services. Means for transmitting the IFB and associated materials, the solicitation and summary of the Pre-Bid Conference, Bidder questions and the Procurement Officer's responses, addenda, and other solicitation-related infonnation will be provided via eMM. In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to https://emaryland .buyspeed .com/bso/login.jsp, click on "Register" to begin the process, and then follow the prompts. 11.9 Questions Written questions from prospective Bidders will be accepted by the Procurement Officer prior to the Conference. If possible and appropriate, such questions will be answered at the Conference. (No substantive question will be answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via e-mail to the via email to the following address: cbrewton@mta.maryland .gov. Please identify in the subject line the Solicitation Number and Title. Questions, both oral and written, will also be accepted from prospective Bidders attending the Conference. If possible and appropriate, these questions will be answered at the Conference. Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer via email in a timely manner prior to the Bid due date. Questions are requested to be submitted at least fifteen ( 15) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Time permitting, answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the IFB in sufficient time for the answer to be taken into consideration in the Bid. · j 1.10 Procurement Method This Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05 .02. j 1.11 Bids Due (Closing) Date and Time Bids, in the number and form set forth in Section 4.4 "Required Bid Submissions," must be received by the Procurement Officer at the Procurement Officer's address and no later than the Bid Due date and time indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) in order to be considered. THE REMAINDER OF TIDS PAGE IS INTENTIONALLY LEFf BLANK. AGY-18-004-MT MTA Pest and Rodent Control Pagel9 MDG-18-0397-A-000018 Requests for extension of this time or date will not be granted. Bidders mailing Bids should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05 .02.10, Bids received after the due date and time listed in this section will not be considered, Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids may not be submitted by e-mail or facsimile. Vendors not responding to this solicitation are requested to submit the ''Notice to Vendors" form, which includes company information and the reason for not responding (e.g., too busy, cannot meet .mandatory requirements, etc.). This form is located in the IFB immediately following the Title Page (page ii). It.12 Multiple or Alternate Bids Multiple and/or alternate Bids will not be accepted. It.13 Receipt, Opening and Recording of Bids 1.13.1 Receipt. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. l.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. The name of each Bidder, the total Bid price, and such other information as is deemed appropriate shall be rend aloud or otherwise made available. 1.13.3 The Bid Opening shall be at the date, time, and location indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) It.14 Confidentiality of Bids The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price. For requests for information made under the Public Information Act {PIA), the Procurement Officer shall examine the Bids to detennine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General. I 1.15 Award Basis The Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for each of the functional areas for providing the goods and services as specified in this IFB. The most favorable Total Bid Price will be the lowest price total on Attachment E - Bid Fonn. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I IO MDG-18-0397-A-000019 It.16 Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14. It.17 Duration of Bid Bids submitted in response to this IFB are irrevocable for 180 days following the closing date of the Bids. This period may be extended at the Procurement Officer's request only with the Bidder's written agreement. I 1.18 Revisions tothe IFB If it becomes necessary to revise this IFB before the due date for Bids, the Department shall endeavor to provide addenda to all prospective Bidders that were sent this IFB or which are otherwise known by the Procurement Officer to have obtained this IFB. In addition, addenda to the IFB will be posted on the Department's procurement web page and through eMM. It remains the responsibility of all prospective Bidders to check all applicable websites for any addenda issued prior to the submission of Bids. Acknowledgment of the receipt of all addenda to this IFB issued before the Bid due date shall be included in the Transmittal Letter accompanying the Bidder's Bid. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the IFB. I t.19 Cancellations The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB. [ 1.20 Incurred Expenses The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to submitting a Bid in response to this solicitation. Ii.21 Protest/Disputes Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies). Ii,22 Bidder Responsibilities The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder's Bid. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB. If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all infonnation submitted by the Bidder, such as but not limited to, references, :financial reports, or experience and documentation (e.g . insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall AGY-18-004-MT MTAPest and RodentControl Page I 11 MDG-18-0397-A-000020 pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder shall submit with its Bid an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary. It.23 Substitution of Personnel If the solicitation requires that a particular individual or personnel be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State's remedies under the Contract or which otherwise may be available at law or in equity. I t.24 Mandatory Contractual Terms By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection. I t.25 Bid/Proposal Affidavit A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this IFB. I t.26 Contract Affidavit All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this IFB. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. This Contract Affidavit is also required to be submitted by the Contractor with any Contract renewal, including the exercise of any options or modifications that may extend the Contract term. For purposes of completing Section "B" of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), note that a business entity that is organized outside of the State of Maryland is considered to be a "foreign" business. I t.27 Compliance with Laws/Arrearages By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award. I t.28 Verification of Registration and Tax Payment Before a business entity can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT) . SDAT is located at State Office Building, Room 803,301 West Preston Street, Baltimore, Maryland 2120 l. The SDAT website is http://sdatcert3.resiusa.org/ucc-charter / . AGY-18-004-MT MTA Pest nnd Rodent Control Pngc 112 MDG-18-0397-A-000021 It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder's failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recmmnendation for Contract award. \ 1.29 False Statements Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows: 1.29.1 In connection with a procurement contract a person may not willfully: (a) (b) (c) Falsify, conceal, or suppress a material fact by any scheme or device; Make a false or fraudulent statement or representation of a material fact; or Use a false writing or document that contains a false or fraudulent statement or entry of a material fact. 1.29.2 A person may not aid or conspire with another person to commit an act under subsection (l) of this section . 1.29.3 A person who violates any provision of this section is guilty ofa felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both. \ 1.30 Payments by Electronic Funds Transfer By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds transfer (EFf) unless the State Comptroller's Office grants an exemption . Payment by EFT is mandatory for contracts exceeding $200,000. The selected Bidder/Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFf) Registration Request Form. Any request for exemption must be submitted to the State Comptroller's Office for approval at the address specified on the COT/GAD X-10 form, must include the business 'hientification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller's website at: http://comptroller .marylandtaxes .com/Governrnent Services/State Accountin g Information/Static Files/APM/gawc10.pdf It.31 Prompt Payment Policy This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor's Office of Minority Affairs (GOMA) and dated August l, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article,§§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.0 l, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts . The Contractor shall comply with the prompt payment requirements outlined in the Contract "Prompt Payment" clause (see Attachment A). Additional information is available on GOMA's website at: http://goma.ma ryland.gov/Documents/Le gislation/Prom ptPaymentFA Os.pdf It.32 A. Electronic Procurements Authorized Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a AGY-18-004-MT MT A Pest and Rodent Control Page I 13 MDG-18-0397-A-000022 contract, as provided in Md. Code Ann., Maryland Unifonn Electronic Transactions Act, Commercial Law Article, Title 21. B. Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract. C. "Electronic means" refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platfonns (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange. D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., § 1.30 "Payments by Electronic Funds Transfer") and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the tenns described: l. The Procurement Officer may conduct the procurement using eMM, e-mail, or facsimile to issue: the solicitation (e.g., the IFB/RFP); any amendments; pre-Bid/Proposal conference documents; questions and responses; communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential Bidder/Offeror; (f) notices of award selection or non-selection; and (g) the Procurement Officer's decision on any Bid protest or Contract claim . (a) (b) (c) (d) (e) 2. A Bidder/Offeror or potential Bidder/Offeror may use e-mail or facsimile to: (a) ask questions regarding the solicitation; (b) reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer's request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer; (c) submit a "No Bid/Proposal Response" to the solicitation. 3. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section E of this subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor. E. The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means: 1. 2. 3. 4. submission of initial Bids or Proposals; filing of Bid Protests; filing of Contract Claims; submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications, etc.); or 5. any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder/Offeror be provided in writing or hard copy. AGY-18-004-MT MTA Pest and Rodent Control Page I 14 MDG-18-0397-A-000023 F. It.33 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor. Minority Business Enterprise Goal and Subgoals There is no MBE subcontractor participation goal for this procurement. I t.34 Living Wage Requirements Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code, State Finance and Procurement,§ 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a Contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements . See COMAR 21.11.10.05 . If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. See the "Living Wage" clause in the Contract (Attachment A). Additional information regarding the State's living wage requirement is contained in Attachment F. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required documentation, the State may determine a Bidder/Offeror to be not responsible under State law. Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier l Area or Tier 2 Area of the State. The Tier I Area includes Montgomery, Prince George's, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier I Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to§ 18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder/Offeror must identify in its Bid/Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided . • • • If the Contractor provides 50% or more of the services from a location(s) in a Tier I jurisdiction(s) the Contract will be a Tier 1 Contract. If the Contractor provides 50% or more of the services from a location{s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract. If the Contractor provides more than 50% of the services from an out-of -State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, this Contract will be determined to be a Tier 1 Contract. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md. us/labor/prev/livingwage.shtml. AGY-18-O04-MT MTA Pest and Rodent Control Page I 15 MDG-18-0397-A-000024 NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because of a Living Wage change, It,35 Federal Funding Acknowledgement This Contract does not contain Federal funds. j I.36 Conflict of Interest Affidavit and Disclosure Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment G) and submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the Contractor's personnel who perfonn or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to AttachmentG Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 2 1.05.08.08. I t.37 Non-Disclosure Agreement All Bidders /Offerors are advised that this solicitation and any resultant Contract(s) are subject to the tenns of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment H. This Agreement must be provided within five (5) Business Days of notification of proposed Contract award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid/Proposal. 11.38 HIPAA - Business Associate Agreement A HIPAA Business Associate Agreement is not required for this procurement. I1,39 Nonvisual Access This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access. It.40 Mercury and Products Th~t Contain Mercury This solicitation does not include the procurement of products known to likely include mercury as a component. It.41 Veteran-Owned Small Business Enterprise Goal There is no Veteran-Owned Small Business Enterprise (VSBE) participation goal for this procurement. I t.42 Location of the Performance of Services Disclosure This solicitation does not require a Location of the Perfonnance of Services Disclosure. AGY-18-004-MT MTA Pest and Rodent Control PngeI 16 MDG-18-0397-A-000025 I1.43 Department of Human Resources (DHR) Hiring Agreement This solicitation does not require a DHR Hiring Agreement. 11.44 Small Business Reserve (SBR) Procurement This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-50114-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria: A. It is independently owned and operated; B. It is not a subsidiary of another business; C. It is not dominant in its field of operation; and D. Either: (1) With respect to employees: (a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years; (b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years; (c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and (f) The architectural and engineering services of the business did not employ more than I00 persons in its most recently completed 3 fiscal years; or (2) With respect to gross sales: (a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years; (b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years; AGY-18-004-MT MTA Pest and Rodent Control Page 117 MDG-18-0397-A-000026 (c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; (d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years; ( e) TI1e gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and (t) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence. Further infonnation on the certification process is available at eMarylund Marketplace. F. Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract. G. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Department of General Services as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been certified. H. Reporting. The designated procurement units shall submit a report on the Small Business Reserve Program annually as required under COMAR 21.13.0l.03B. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 18 MDG-18-0397-A-000027 SECTION 2- MINIMUM QUALIFICATIONS 12.1 Bidder Minimum Qualifications The Bidder shall provide proof with its Bid that the following Minimum Qualifications have been met: 2.1.1 The Bidder shall be properly licensed and certified to handle, apply, and dispose of any/all pesticides, insecticides, and chemicals, etc. used in accordance with any/all applicable OSHA, Maryland State, and Federal Laws and Regulations. 2.1.2 The Bidder shall submit complete and legible copies of current licenses and certifications as stated above, Section 2.1.1. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page 119 MDG-18-0397-A-000028 SECTION 3 - SCOPE OF WORK 13.1 Background and Purpose The Maryland Transit Administration(MTA) is issuing this Invitation to Bid (IFB) to award one or more contracts, based on Functional Area, to a qualified finn(s) to provide effective and positive control of all rodents and pests in the MTA properties, vehicles, buildings, offices, grounds, and structures. I 3.2 Scope of Work - Requirements 3.2.1 Definitions A. Function Area I- Includes all MTA property, facilities, stations, structures, offices, vehicles, and buses within the Bus Division. B. Function Area II- Includes all MTA property, facilities, stations, structures,offices, rail cars, and vehicles within the Light Rail, METRO Rail, and MARC Train Divisions. C. Pests- Identified as any destructiveor troublesomeinsects and bugs of any type. D. Rodents- Including, but not limited to, rats, mice, snakes, squirrels, raccoons,possums, lizards, birds, wasps, bees, cats, stink-bugs, etc. E. Special Circumstance ServiceRequests-Identified ns situations based on MTA's employees' visual observations, customer complaints,special projects, demolition, structure rebuilds, and/or specified occurrences as deemed necessaryby the MTA. F. Additional Service Requests-Identified as Situationsbased on MTA employees' suspicion of a re-infestation of any area, vehicles, structures,buildings, properties, etc. in between regularly scheduledtreatments. G. Warranty Services- Servicesrequired by the need to reapply treatments to any/all MTA properties, facilities, stations, structures, offices, buses, railcars, vehicles, buildings, and/or specified areas within the "treatment/application's effectiveperiod as specified by the Contractor" due to its ineffectualness. H. Service Locations-Including,but not limited to: 1. Stations-Consists of a physical structure above or below ground 2. Train Stops-Consists of, but not limited to, rail platforms and/or exterior restroom 3. Platfonns- Consistsof a stand-alonerail platform used to board and exit rail vehicle 4. Facilities-Consists of office buildings, trailers, workshops, storage facilities, and guardhouses/guard shelters. I. Rodent Control Services-Includes, but not limited to, "Rat Traps" and "Rat Zappers". However,the Contractorwill consider ''Rat Traps and Rat Zappers" comparable in costs as MTA will be implementingthe sole use of "Rat Zappers" in the future. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest nnd Rodent Control Page I 20 MDG-18-0397-A-000029 3.2.2 General Requirements A. The Contractor shall provide his/her own equipment, labor, insecticides, pesticides, disinfectants, chemicals, vehicles and/or transportation, tools, materials, and supplies as required for the work to be completed for a comprehensive pest and rodent control service as described herein. B. The Contractor shall provide effective and positive treatment for the complete control of rodents and pests as described herein. C. The Contractor shall be required to make "Special Circumstance" service requests to treat areas and/or vehicles as requested by the MTA. The requested "Special Circumstance" service call may be due to MTA employees' visual inspections, customer complaints, special projects, demolition and/or rebuild of structures, or any reasons as deemed necessary by the MT A. The Contractor shall respond to all "Special Circumstance" service requests within twelve (12) hours of receipt of the request. D. The Contractor shall provide the treatment oftennites on an as needed basis only and shall submit an itemized list of costs for all services, insecticides, and chemicals used in the treatment of the termites. E. The Contractor shall perform the inspection, location, trapping, and extem1ination of rats, mice, raccoons, possums, and other rodents as defined under "Definitions" on an as needed basis only and shall submit itemized costs list of all services, equipment, and/or chemicals used. 3.2.3 Additional Services A. Upon a MT A Project Manager's request, the Contractor shall be required to provide additional services to ensure adequate pest/rodent control at any other MT A locations, unoccupied property, or structure. Upon such requests, an escort may be provided during the period necessary to treat the affected area(s). This service falls under the classification of "as needed treatments". B. Upon the suspicion of an infestation, MT-A may request additional services at any time between regularly scheduled treatments as outlined in Section 3.2.8.A. Should the Contractor confirm the infestation of any group of vehicles, structures, offices, facilities, properties or buildings, the Contractor shall be required to apply treatment to all specified areas. C. In all instances of confirmed infestation, the Contractor shall be required to produce, in writing, an accurate and adequate statement of facts, identifying the pests and/or rodents, the magnitude of the infestation, the location of the infestation,·and specify all insecticides, pesticides, disinfectants, chemicals, or traps required for the treatment and the number of applications required to eradicate the infestation. D. The Contractor shall obtain prior approval from the Project Manager in the case of receipt of requests for "Special Circumstance" and/or "Additional Services" prior to perfonning any pest and rodent control services. E. The Contractor shall perform any/all "Warranty" services at no charge; as it is defined as a reapplication within thirty (30) days of the previously scheduled treatment /application. F. Upon the Contractor's receipt of the Project Manager's written approval, the Contractor shall be required to apply treatment to all approved specified vehicles, structures, offices, facilities, properties, and/or buildings within twenty-four (24} hours ofnotification of approval; this includes any/all "Warranty" services. 3.2.4 Safety and Convenience AGY-18-004-MT MTA Pest nod Rodent Control Pagel 21 MDG-18-0397-A-000030 A. The application of the treatment process shall not present any objectionable odors/fumes, health hazards, and/or discomfort to the lives and/or well-being ofMTA employees, customers, or visitors. B. All insecticides, pesticides, disinfectants, chemicals, or traps used on vehicles or used in MTA structures or building shall not be hannful or cause any damages to the vehicles, stmctures, or building itself. This includes flooring, paneling, wall coverings, carpeting, wiring, furniture, etc. C. BUS: The application of the treatment process shall not require the removal of any bus from service for a period exceeding four hours. D. LIGHT RAIL: The Application of the treatment process shall not require the removal of any rail car from service for a period exceeding four hours. E. METRO: The application of the treatment process shall not require the removal of any rail car from service for a period exceeding two hours. F. MARC TRAIN SERVICE: The application of the treatment process shall not require any facilities, offices, and buildings to be closed or shut down from service for a period exceeding one hour. G. Services shall be provided to the facilities, offices, buildings, and structures during the hours as specified in Section 3.2.5. 1. Treatments applied in facilities, offices, buildings, and structures may be occupied during the treatment process. 2. If the areas as described above must be vacated during the treatment process, the Contractor shall arrange with the appropriate Mode Managers, or his/her designee, to provide all such services Monday through Friday between the hours of 6:00PM to 6:00AM. H. The Contractor shall ensure that the treatment area can be washed or otherwise cleaned with no detrimental effect to the process twelve ( 12) hours after the application of the process. I. No objectionable od9rs/fumes will be present one hour after the application process unless otherwise specified. 3.2.5 Scheduling A. The Contractor shall schedule meetings with the appropriate Mode Managers, or his/her designee, prior to perform any services. B. The Contractor shall provide the appropriate Mode Managers, or his/her designee, with a legible written schedule of work to be performed at the start of each scheduled meeting. C. The Contractor shall report to the appropriate MTA Mode Manager, or his/her designee, prior to and upon completion of all services/repairs performed. D. BUS 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and building during normal business hours, Monday through Friday between the hours of 7:00AM and 2:00PM. 2. Buses- The Contractor shall provide treatments to the buses on Saturday and Sunday between the hours of 2:00AM and 6:00AM. AGY-18-004-MT MTA l'est and Rodent Control Page j 22 MDG-18-0397-A-000031 E. METRO RAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during nonnal business hours, Monday through Friday, 7:00AM to 2:00PM. 2. Rail Cars- The Contractor shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. F. LIGHTRAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during nonnal business hours of Monday through Friday 7:00AM to 2:00PM. 2. Rail Cars-The Contract shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. G. MARC TRAIN 1. Stations- The Contractor shall provide treatments to the facilities, offices, and buildings during normal business hours, Monday through Friday 7:00AM to 2:00PM. 2. Properties- The Contractor shall provide treatments to the grounds and structures during normal business hours, Monday through Friday 7:00AM to 2:00PM. H. The Contractor shall provide treatments to all vehicles (Light Rail, METRO, and Bus) on Saturdays and Sundays during non-business hours between 2:00AM to l O:OOAM. 3.2.6 Pest/Rodent Extermination A. The pest extermination process shall flush all pests as described under "Definitions", from their customary habitats through the application of a long-term residual extermination process employing a pesticide that meets the requirements of the contract. I. The applications shall employ proven procedures and shall include fast-acting agent designed to kill all insects and pests on contact effectively and in large numbers. 2. The application process shall incorporate the use of one or more killing agents which shall have not less than thirty (30) days residual agent and shall not be of a composition or application that could be diluted and/or eliminated by routine cleaning. B. The Contractor shall also provide treatment in the areas specified to maintain effective control of the rodent population. C. The Contractor shall provide treatment in all vehicles, offices, buildings, structures, restrooms, storage nreas, shops, yards, mechanical rooms,janitorial rooms, equipment rooms, and all areas operated and/or occupied by the MTA. The areas shall include all Bus Divisions, Metro Facilities, Light Rail Facilities, and MARC Station sites, and any other areas operated and/or occupied by MTA, as listed in Section 3.2.18. D. The Contractor shall conduct a scheduled monthly physical site location inspection accompanied by the Mode Manager, or his/her designee, of all areas to assure that existing control methods are in place and operating satisfactorily. If dead rodents are discovered during the scheduled monthly physical site location inspection, the Contractor shall ensure the removal and proper disposal of any/all such carcasses. The monthly inspection will emphasize a visual inspectionof areas and/or vehicles known to have any incident of re-infestation. AGY-18-004-MT MTA Pest and Rodent Control Page I 23 MDG-18-0397-A-000032 E. The Contractor shall be available on an "as needed" basis to provide additional pest and rodent control to combat any special circumstance needs as requested by MTA. F. METRO AND LIGHT RAIL FACILITIES-The Contractor shall provide rodent baiting in all Metro and Light Rail facilities inclusive of restrooms, janitorial rooms, chiller rooms, mechanical rooms, dumpsters, grounds, tunnels, trash areas, equipment rooms, and any/all other areas as specified by MT A. G. BUS DIVISIONS- The Contractor shall provide rodent baiting in all bus divisions inclusive of shops, restrooms, janitorial rooms, showers, mechanical rooms, equipment rooms, bus bay, fuel stands, and any/all areas as specified by MTA. H. MARC STATIONS- The Contractor shall provide rodent baiting at all MARC stations as specified by MTA. I. The Contractor shall inspect and maintain bait traps during each regularly scheduled monthly inspection. 3.2.7 Application Intervals A. BUS DIVISIONS, METRO FACILITIES, LIGHT RAIL FACILITIES, AND MARC STATIONS: The Contractor shall-apply the initial treatments/applications to all stations, facilities and structures within thirty (30) days from the date of Notice to Proceed. Thereafter, the Contractor shall provide treatments/applications as described herein. 1. Bus Divisions- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations buildings, facilities, buses, and structures twelve (12) times per year. 2. Light Rail & METRO Facilities- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations, buildings, structures, and rail cars twelve (12) times per year. 3. MARC Stations-The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations twelve (12) times per year. B. The Contractor shall provide the prescribed treatment as follows: l. All buses shall receive fumigation (fogging) no less than ONCE per year. 2. All vehicles identified for treatment and the buildings and/or structures residing at the same address/location must be treated within seven days of the other to prevent re-infestation from one area to another. 3. All indoor bus bay facilities must be treated whenever vehicles are treated at the intended address/location. 3.2.8 Invoices A. The Contractor shall submit separate invoices properly and adequately identifying the treatments and chemicals used for any/all services performed within the scope of work and application process terms and conditions. Invoices shall be identified as to the location, type of vehicle, vehicle number, and street address (if applicable) to the building and/or structure of work perfonned. 1. Multiple vehicles on one invoice will be acceptable provided all vehicles are from the same location. 2. All invoices must be accompanied by fully executed "check-off sheets" and "work orders". AGY-18-004-MT MTA Pest and Rodent Control Pagel 24 MDG-18-0397-A-000033 3. "Check-off sheets" and "work orders" will be made available at each facility. 4. Any/all warranty services perfonned at no charge shall be invoices as well and clearly marked "No Charge-Warranty". Warranty invoices shall also identify vehicles, buildings/structures/locations,etc. Warranty work is defined as any required re-application within thirty (30) days of the previous application. B. The Contractor shall submit an accurate, detailed, and completed (accompanied by all required support documentation) invoice for all services rendered no later than fifteen ( 1S) days after the completion of services. C. The Contractor shall submit invoices as follows: Maryland Transit Administration (MTA) Attention: Richard Simmons, Manager, Facilities Maintenance Bus Operations Support, Building #1, Office #1501B 1S15 Washington Boulevard Baltimore, MD 21230 3.2.9 Vehicle Detailed Locations and Quantities A. Vehicle Types and Quantities 1. Maximum of fifty- three (53) Two-Pack Light Rail Cars and Support Vehicles 2. Maximum of ninety-eight (98) Metro Rail Cars and Support Vehicles 3. Maximum of seven hundred sixty- three (763) Buses- Transit Coaches B. The Contractor shall submit a bus/train/rail car number sheet with each invoice to show the number of buses/trains/rail cars that were treated. C. The Contractor shall ensure that all "Busffrain/Rail Car Number Sheets" are signed by an authorized MTA representative, and 1. The MTA's representative's first and last names are legible (printed and signed). 2. The Contractor will not receive payment for any/all services rendered without the proper support documents "Busffrain/Rail Car Number Sheet" as requested above, Section 3.2.10.B. D. The Contractor shall indicate the actual bus/traiVrailcar that was treated by placing a check mark beside every bus/train/rail car number on the "Busffrain/Rail Car Number Sheets" that received treatment and the date treated E. The Contractor shall leave a copy of the bus/train number sheet with a MTA Representative for their records. 3.2.10 Working Conditions A. The Contractor's actions shall not intertere MTA operations or the movement of any transit vehicles. B. MTA has a ZERO Tolerance cell phone policy. Except in approved designated areas, MTA employees and Contractors are prohibited from using cell phones on MTA property. Any Contractor's employee violating MTA's cell phone policy, may be considered as unsuitable personnel (Section 3.2.14). AGY-18-004-MT MTA Pest and Rodent Control Page 125 MDG-18-0397-A-000034 C. Parking is limited, only the Contractor's service vehicle will be allowed on MTA property. No Contractor's employees are pennitted to park vehicles on MTA property. D. The Contractor's and subcontractor's vehicles must be outfitted with decals with the Contractors, company name and logo. E. The Contractor's employees shall wear uniforms showing the employee's name and company name. The Contractor's employees shall also wear safety shoes and all other Personal Protective Equipment (PPE) to include, but not limited to, a safety vest. All PPE must meet the appropriate ANSI standard. A Class II ANSI safety vest (or apparel) is MT A's minimum requirement. 3.2.11 Mileage The Contractor nor, any of its employees, shall be reimbursed for any mileage for transportation to and /or from any MTA facilities, offices, buildings, and structures for scheduled or unscheduled services. 3.2.12 Building/Security Procedures and Restrictions A. The Contractor shall provide MTA an updated "Employees List" reflecting any/all employees designated to work at any/ all MT A properties, facilities, offices, buildings, and structures. B. The Contractor shall ensure that the "Employees List" provided to MTA is current at all times. C. The Contractor and his/her employees shall comply with all security measures required by MT A. D. The Contractor and his/her employees shall display the appropriate Contractor's identification badge when entering upon any/all MT A properties, facilities, offices, buildings, and structures in the performance of any/all services. ir 3.2.13 Suitable Personnel .. I I A. At the sole discretion of the MT A, the Contractor will inunediately remove any person from the site that is considered by the Project Manager as unsuitable. ! I I B. Any person identified as unsuitable may not be utilized at any MTA location under this Contract. C. Violations of the MT A safety policies, cell phone policy, disruptive actions, theft, dishonesty, or failure to work while on the time clock are some examples to declare a person unsuitable. 3.2.14 Environmental Compliance The Contractor shall maintain a clean working environment and prevent the release of any chemicals, oils, degreasers, lubricants, etc. The Contractor shall provide proper disposal of all discard materials, parts, equipment, etc. 3.2.15 Safety Data Sheets No chemicals (degreasers, detergents, aerosols, solvents, etc.) may be used on MTA properties and/or vehicles without the prior approval of the MTA Project Manager. The Contractor shall submit Safety Data Sheets (SDS) for any/all chemicals (degreasers, aerosols, detergents, solvents, etc.) intended to be used in the treatments of, to the Project Manager prior to use on any/all MTA properties and/or vehicles. Each MT A Mode Manager, and his/her designee, shall maintain and have readily available a copy of all MTA Office of Safety "approved" SDS at the addresses as first describe in Section 3.2.9, for Mode Managers' easy review and retrieval. AGY-18-004-MT MTA Pest and Rodent Control Pngel26 MDG-18-0397-A-000035 3 .2.16 Property Locations A. Bus Divisions: 1. MT A Bush Division 1515 Washington Blvd. Baltimore, MD 21230 Phone: (410) 454-7160 2. MT A Eastern Division 201 South Oldham St. Baltimore, MD 21224 Phone: (410) 454-7677 3. MT A Kirk Division 2226 Kirk Ave. Baltimore, MD 21218 Phone: (410) 4545-7560 4. MT A Northwest Division 4401 Mount Hope Dr. Baltimore, MD 21215 Phone: (410) 454-7428 5. MT A Mobility Special Services 1515 Washington Blvd. Baltimore, MD 21230 Phone: (410) 468-4784 B. Metro Rail Facilities 1. Operations Control Center (OCC) 301 North Eutaw St. Baltimore, MD 21201 Phone: (410) 454-7711 2. Wabash Rail Shop 5801 Wabash Ave. Baltimore, MD 21215 Phone: (410) 454-7352 3. Systems Maintenance 5801 Wabash Ave. Baltimore, MD 21215 Phone: (410) 454-7405 4. Metro Fare Collection & Facility Maintenance 6000 Metro Dr. Baltimore, MD 21215 Phone: (410) 454-7940 THE REMAINDEROF TlllS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 27 MDG-18-0397-A-000036 5. Old Court Facilities Maintenance 4380 Old Court Rd. Pikesville, MD 21208 Phone: (410) 454-1821 C. Light Rail Facilities 1. Light Rail- North Ave. 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7517 2. Light Rail-Trailers 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7616 3. Light Rail- Cromwell 7390 Baltimore Annapolis Blvd. Glen Burnie, MD 21061 Phone: (410) 766-7512 or (410) 454-7617 D. MARC Train Stations 1. Aberdeen 18 E. Bel Air Ave. @ US Rte. 40East Aberdeen, MD 21001 2. BWI Thurgood Marshall Airport Amtrak Way Linthicum, MD 21240 3. Edgewood 2127 Old Edgewood Rd. Edgewood, MD 21040 4. Halethorpe 5833 Southwestern Blvd. Baltimore, MD 21227 5, Odenton 1400 Odenton Rd. Odenton, MD 21113 6. Perryville 650 Broad St. Baltimore, MD 21903 7. Martin Airport 2710 Eastern Blvd. Middle River, MD 21220 THE REMAINDER OF TIDS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest and RodentControl Page I 28 MDG-18-0397-A-000037 I3.3 3.3.1 j 3.4 Security Requirements Employee Identification (a) Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on State premises . Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification. (b) At all times at any facility, the Contractor's personnel shall cooperate with State site requirements that include but are not limited to being prepared to be escorted at all times, providing infonnation for badge issuance, and wearing the badge in a visible location at all times. Insurance Requirements 3.4.1 The Contractor shall maintain Gom1m;rcialGeneral Liability Insurance to cover losses resulting from, or arising out-of, Contractor action oiinactioh in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors, with a limit of $5,000,000 per occurrence and $2,000,000 aggregate. 3.4.2 The Contractor shall maintain Automobile and/or Commercial Truck Insurance as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle{s) is registered, but in no case less than those required by the State of Maryland. 3.4.3 The Contractor shall maintain Crime Insurance to cover employee theft with minimum single loss limit of $1,000,000 per loss, and a single loss retention not to exceed $10,000. 3.4.S Within five Business Days ofrecommendation for Contract award, and before any work begins, the Contractor shall provide the Procurement Officer with current certificates of insurance, and shall update such certificates periodically, but no less than annually in multi-year contracts, as directed by the Contract Monitor. Such copy of the Contractor's current certificate of insurance shall contain at minimum the following: a. Workers' Compensation - The Contractor shall maintain such insurance as necessary and/or as required under Workers' Compensation Acts, the Longshore and Hat'bor Workers' Compensation Act, and the Federal Employers' Liability Act. b. Commercial General Liability as required in Section 3.4.l. c. Automobile and/or Commercial Truck Insurance as required in Section 3.4.2. d. Crime Insurance as required in Section 3.4.3. 3.4.6 The "State of Maryland, its officers, employees and agent'S" shall be listed as an additional insured on any Commercial General Liability, Auto Liability, Professional/Cyber Liability, and excess liability or umbrella policies with the exception of Worker's Compensation Insurance, which is currently handled by the Chesapeake Employer's Insurance Company (formerly Injured Worker's Insurance Fund). All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 30 days' advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least 15 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies. AGY-18-004-MT MTA Pest nnd Rodent Control Page I29 MDG-18-0397-A-000038 3.4.7 I3.5 3.5.1 The Contractor shall require that any subcontractors providing primary services (as opposed to non-critical, ancillary services) under this Contract obtain and maintain the same levels of insurance and shall provide the Contract Monitor with the same documentation as is required of the Contractor. Problem Escalation Procedure The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriatetimeframes. The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel, as directed should the Contract Monitor not be available. 3.5.2 The Contractor must provide the PEP no later than ten ( 10) Business Days after Contract Commencement. The PEP, including any revisions thereto, must also be provided within ten ( 10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstancewhich changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include: • • • • • • • The process for establishing the existence of a problem; Names, titles, and contact information for progressively higher levels of personnel in the Contractor's organization who would become involved in resolving a problem; For each individual listed in the Contractor's PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor's PEP; Expedited escalation procedures and any circumstances that would trigger expedited escalation procedures; The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State; Contact infonnation for persons responsible for resolving issues after nonnal business hours (e.g., evenings, weekends, holidays, etc.) and on an emergencybasis; and A process for updating and notifying the Contract Monitor of any changes to the PEP. Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law. I3,6 3.6.1 Invoicing General (a) All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor. All invoices shall include the following information: • • • • • AGY-18-004-MT Contractor name and address; Remittance address; Federal taxpayer identification number (or if sole proprietorship,the individual's social security number); Invoice period (i.e. time period during which services covered by invoice were performed); Invoice date; MTA Pest and Rodent Control Page 130 MDG-18-0397-A-000039 • • • • • Invoice number; State assigned Contract number; State assigned (Blanket) Purchase Order number{s); Goods or services provided; and Amount due. Invoices submitted without the required infonnation cannot be processed for payment until the Contractor provides the required infonnation. {b) 3.6.2 The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the tenns and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Also see the "Living Wage" provision of the Contract, if applicable, which allows for withholding of payment under certain circumstances. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann ., State Finance and Procurement Article§§ 15-215 through 15-223 and with COMAR21.10.02. Invoice Submission Schedule The Contractor shall submit an accurate, detailed, and complete (accompanied by all required support documentation) invoice for all services rendered no later than fifteen (15) days after the completion of services. 1· 3.7 .· £~clof Ct>ntrad Transition The Contractor shall cooperate in the orderly transition of services from the Contract awarded under this solicitation to any subsequent contract for similar services . The transition period shall begin ninety (90) days before the Contract end date, or the end date of any final exercised option or contract extension. The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of Contract. THE REMAINDER OF TIDS PAGE IS INTENTIONALLY LEFT BLANK AGY-18-004-MT MT A Pest and Rodent Control Pagcl31 MDG-18-0397-A-000040 SECTION 4- BID FORMAT I4.1 One Part Submission Bidders shall submit with their Bid all Minimum Qualification docwnentation required (see Section 2), and all Required Bid Submissions (see Section 4.4) in a single sealed package/envelope. 14.2 Labeling Each Bidder is required to label the sealed Bid. The Bid shall bear the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids. 14.3 Bid Price Form The Bid shall contain all price infonnation in the fonnat specified on the Bid Form (Attachment E), Complete the Bid Fonn only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may resu lt in the Bid being detennined to be non-responsive and rejected by the Department. I4.4 Required Bid Submissions Bidders shall include the following with their Bid: 4.4.1 Transmittal Letter: A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid and acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the services and requirements as stated in this IFB. The Transmittal Letter should include the following: • • • • • • • • • Name and address of the Bidder; Name, title, e-mail address, and telephone number of primary contact for the Bidder; Solicitation Title and Solicitation Number that the Bid is in response to; Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid; Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual ' s Social Security Number (SSN); Bidder's eMM number; Bidder's MBE certification number (if applicable); Acceptance of all State IFB and Contract terms and conditions (see Section 1.24); and Acknowledgement of all addenda to this IFB. Any infonnation which is claimed to be confidential is to be noted by reference and included after the Transmittal Letter. An explanation for each claim of confidentiality shall be included (see Section 1.14 "Confidentiality of Bids"). AGY- 18-004-MT MTA Pest and Rodent Control Pngej32 MDG-18-0397-A-000041 In addition, the Transmittal Letter shall indicate whether the Bidder is the subsidiary of another entity, and if so, whether all information submitted by the Bidder pe1tnins exclusively to the Bidder. If not, the subsidiary Bidder shall include a guarantee ofperfonnance from its parent organization as part of its Executive Summary (see RFP Section 1.22 for more information). 4.4 .2 Minimum Qualifications Documentation: The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 2 "Bidder Minimum Qualifications." 4.4.3 Completed Required Attachments: Submit three (3) copies of each with original signatures: Completed Bid Form (AttachmentE). Completed BicVProposal Affidavit (Attachment B). Completed Maryland Living Wage Requirements Affidavit of Agreement (AttachmentF-1). a. b. c. 4.4.4 Additional Documents *If Required: Submit three (3) copies of each with original signatures, if required. * See .appropriate JFB Section to detennine whether the document is required for this procurement: A Signed Statement from the Bidder's Parent Organization Guaranteeing Performance of the Bidder. *see Section 1.22 Completed Conflict oflnterest Affidavit and Disclosure (Attachment G) *see Section 1.36. a. b. 4.4.5 References: At least three references are requested from customers who are capable of documenting the Bidder's ability to provide the services specified in this IFB. References used to meet any Bidder Minimum Qualifications (see Section 2) may be used to meet this request. Each reference shall be from a client for whom the Bidder has provided services within the past five years and shall include the following information: a. b. Name of client organization; Name, title, telephone number, and e-mnil address, if available, of point of contact for client organization; and Value, type, duration, and description of services provided. c. The Department reserves the right to request additional references or utilize references not provided by a Bidder. 4.4.6 List of Current or Prior State Contracts: Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing services or for which services have been completed within the last five years. For each identified contract, the Bidder is to provide: a. b. c. d. e. f. The State contracting entity; A brief description of the services/goods provided; The dollar value of the contract; The term of the contract; The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and Whether the contract was terminated before the end of the term specified in the original contract, including whether any available renewal option was not exercised. AGY-18-004-MT MTA Post nnd Rodent Control Page I33 MDG-18-0397-A-000042 Information obtained regarding the Bidder's level of performance on State contracts will be considered as part of the responsibility determination by the Procurement Officer. 4.4. 7 Certificateof Insurance: The Bidder shall provide a copy of the Bidder's current certificate ofinsurance. The recommended awardee must provide a certificate of insurance with the prescribed limits set forth in Section 3.4 "Insurance Requirements," naming the State as an additional insured if required, within five Business Days from notification by the Procurement Officer that the Bidder has been determined to be the apparent awardee. 4.4.8 Subcontractors: The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder receives an award, including those utilized in meeting the MBE and/or VSBE subcontracting goal, if applicable. This list shall include a full description of the duties each subcontractor will perform. 4.4.9 Legal Action Summary: This swnmary shall include: i. ii. iii. iv. A statement as to whether there are any outstanding legal actions or potential claims against the Bidder and a brief description of any action; A brief description of any settled or closed legal actions or claims against the Bidder over the past five years; A description of any judgments against the Bidder within the past five years, including the case name, number court, and what the final ruling or determination was from the court; and In instances where litigation is ongoing and the Bidder has been directed not to disclose information by the court, provide the name of the judge and location of the court. 14.sReciprocal Preference Although Maryland law does not generally authorize procuring units to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. Therefore, COMAR 21.05.01.04 permits procuring units to apply a reciprocal preference in favor of a Maryland resident business under the following conditions: • • • • The Maryland resident business is a responsible Bidder; The most advantageous Bid is from a responsible Bidder whose principal office or principal operations through which it would provide the services required under this IFB is in another state ; The other state gives a preference to its resident businesses through law, policy, or practice; and The Maryland resident preference does not conflict with a federal law or grant affecting the procurement Contract. The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses. 14.6 DeUvery Bidders may either mail or hand-deliver Bids. AGY-18-004-MT MTA Pest nndRodent Control Page I 34 MDG-18-0397-A-000043 4.6.1 For U.S. Postal Service deliveries, any bid that has been received at the appropriate mail room, or typical place of mail receipt for the respective procuring unit by the time and date listed in the IFB will be deemed to be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Department recommends that it use Express Mail, Priority Mail, or Certified Mail only as these are the only fonns for which both the date and time of receipt can be verified by the Department. It could take several days for an item sent by first class mail to make its way by normal internal mail to the procuring unit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom. 4.6.2 Hand-delivery includes delivery by commercial carrier acting as agent for the Bidder. For any type of direct (non-mail) delivery, a Bidder is advised to secure a dated, signed, and time-stamped (or otherwise indicated) receipt of delivery. I4.7 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendation for Contract Award, the following documents shall be completed and submitted by the recommended awardee within five Business Days, unless noted otherwise. Submit three (3) copies of each with original signatures. a. b. c. d. signed Contract (Attachment A), completed Contract Affidavit (Attachment C), signed Non-Disclosure Agreement (AttachmentB), if applicable; *see Section 1.37, and copy of a Certificate of Insurance with the prescribed limits set forth in Section 3 .4 "Insurance Requirements," listing the State as an additional insured, if applicable; *see Section 3.4. THE REMAINDER OF TIUS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 35 MDG-18-0397-A-000044 IFBATTACHMENTS ATTACHMENT A-Contract This is the sample contract used by the Department. It is provided with the IFB for informational purposes and is not required to be submitted at Bid submission time. Upon notification of recommendation for award, a completed contract will be sent to the recommended awardee for signature. The recommended awardee must return to the Procurement Officer three executed copies of the Contract within five Business Days after receipt. Upon Contract award, a fully-executed copy will be sent to the Contractor. ATTACHMENT B - Bid/Proposal Affidavit This Attachment must be completed and submitted with the Bid. ATTACHMENT C - Contract Affidavit This Attachment must be completed and submitted by the recommended awardee to the Procurement Officer within five Business Days ofreceiving notification ofrecommendation for award ATTACHMENT D - Pre-Bid Conference Response Form It is requested that thi"sform be completed and submitted as described in Section 1.7 by those potential Bidders that plan on attending the Pre-Bid Conference. ATTACHMENT E - Bid Form Instructions and Bid Form The Bid Form must be completed and submitted with the Bid. ATTACHMENT F - Conflict of Interest Affidavit and Disclosure If required (see Section 1.36), this Attachment must be completed and submitted with the Bid. ATI ACHMENT G- Non-Disclosure Agreement If required (see Section 1.37), this Attachment must be completed and submitted within five Business Days of receiving notification ofreconunendation for award. However, to expedite processing, it is suggested that this do.cument be completed and submitted with the Bid. AGY-18-004-MT MTA Pest and RodentControl Pngel36 MDG-18-0397-A-000045 ATTACHMENT A-CONTRACT MTA PEST AND RODENT CONTROL THIS CONTRACT (the "Contract") is made this ("Xth" ) day of (month), (year) by and between (Contractor's name) and the STATE OF MARYLAND, acting through the Maryland Transit Administration (MTA). In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of which is duly acknowledged by the parties, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated: 1.1 "Bid" means the Contractor's Bid dated (Bid date). 1.2 "COMAR" means Code of Maryland Regulations. I .3 "Contract" means this agreement between (Contractor's name) and the State of Maryland, acting through the Maryland Transit Administration (MT A). 1.4 "Contract Monitor" means the Department employee identified in Section 1.6 of the IFB as the Contract Monitor . 1.5 "Contractor" means (Contractor's name) whose principal business address is (Contractor's primary address) and whose principal office in Maryland is (Contractor's local address). 1.6 "Department" means the Maryland Transit Administration (MT A). 1.7 "IFB" means the Invitation for Bids for MTA Pest and Rodent Control Solicitation# AGY-18-004-MT, and any addenda thereto issued in writing by the State, 1.8 "Procurement Officer" means the Department employee identified in Section 1.5 of the IFB as the Procurement Officer. 1.9 "State" means the State of Maryland . 2. Scope of Contract 2.1 The Contractor shall provide deliverables, programs, goods, and services specific to the Contract for pest and rodent control in the various buildings, offices, and vehicles within MTA awarded in accordance with Exhibits A-C listed in this section and incorporated as part of this Contract. If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall detennine the prevailing provision: Exhibit A - The IFB Exhibit B - State Contract Affidavit, executed by the Contractor and dated (date of Attachment C) Exhibit C - The Bid 2.2 The Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the Contract or the IFB. No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or AG\'-18-004-MT MTA Pest and Rodent Control Page I 37 MDG-18-0397-A-000046 decrease in the Contractor's cost of, or the time required for, the perfonnance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure lo agree to an adjustment under this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 2.3 While the Procurement Officer may, at any time, by written change order, make unilateral changes in the work within the general scope of the Contract as provided in Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing; (b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained. 3. Period of Performance. 3 .1 The term of this Contract begins on the date the Contract is signed by the Department following any required approvals .of the Contract, including approval by the Board of Public Works, if such approval is required. The e written Notice to Contractor shall provide services under this Contract as of the Go-Live date containedst Proceed. From this Go-Live date, the Contract shall be for a period of approximate}~ five years beginning (anticipated Contract start date) and ending on (anticipated end date of base tenn of Co ract). 3.2 Audit, confidentiality, document retention, and indemnification obligations under this Contract shall survive expiration or termination of the Contract · 4. Considerationand Payment 4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the Department shall pay the Contractor in accordance with the tenns of this Contract and at the prices quoted in the Financial Proposal. 4.2 Payments to the Contractor shall be made no later than thirty (30) days after the Department's receipt ofa proper invoice for services provided by the Contractor, acceptance by the Department of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services rendered must include the Contractor's Federal Tax Identification or Social Security Number for a Contractor who is an individual which is (Contractor's FEIN or SSN). Charges for late payment of invoices other than as prescribed at Md. Code Ann., State Finance and Procurement Article, § 15-104 are prohibited. Invoices shall be submitted to the Contract Monitor. Electronic funds transfer shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due Contractor unless the State Comptroller's Office grants Contractor an exemption. 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor lo be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4.4 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract. 4.5 Contractor's eMarylandMarketplace vendor ID number is (Contractor's eMM number). AGY-18-004-MT MTA Pest and RodentControl Page 138 MDG-18-0397-A-000047 5. Rights to Records 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of the State and shall be available to the State at any time. The State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this Contract, and services performed under this Contract shall be "works made for hire" as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will cooperate reasonably with the State in effectuating and registering any necessary assignments. 5 .3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract. 5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 5.5 Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6. Exclusive Use 6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, information., documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the Contractor in connection with this Contract. If any material, including software, is capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright material connected with this project only with the express written approval of the State. 6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third parl-y any other information or material provided to Contractor by the Department or developed by Contractor relating to the Contract, except that Contractor may provide said information to any of its officers, employees and subcontractors who Contractor requires to have said infonnation for fulfillment of Contractor's obligations hereunder. Each officer, employee and/or subcontractor to whom any of the Department's confidential information is to be disclosed shall be advised by Contractor of and bound by confidentiality and intellectual property terms substantively equivalent to those of this Contract. 7. Patents, Copyrights,and Intellectual Property 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to pennit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service mark, copyright, or trade secret. If a third party claims that a product infringes that party's patent, trademark, service mark, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor's expense and will pay all damages, costs, and attorneys' fees that a cou11finally awards, provided the State: (a) promptly AGY-18-004-MT MTA Pest nnd RodentControl Pngej39 MDG-18-0397-A-000048 notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infiinging product substantially complying with the item's specifications; or (c) modify the item so that it becomes non-infringing and perfonns in a substantially similar manner to the original item. 8. Confidential or Proprietary Information and Documentation 8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without limitation, HIPAA, the HI-TECH ACT, and the Maryland Medical Records Act and the implementation ofregulations promulgated pursuant thereto, all confidential or proprietary infonnation and documentation relating to either party (including without limitation, any information or data stored within the Contractor's computer systems) shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose relevant confidential information to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of their duties under this Contract, provided that the data may be collected, used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of this section shall not apply to information that: (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of this Contract; (c) was already in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) which such party is required to disclose by law. 8.2 This Section 8 shall survive expiration or te1minationof this Contract. 9. Loss of Data In the event ofloss of any State data or records where such loss is due to the intentional act or omission or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Contract Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor. Contractor shall use its best efforts to assure that at no time shall any actions undertaken by the Contractor under this Contract (or any failures to act when Contractor has a duty to act) damage or create any vulnerabilities in data bases, systems, platforms, ancVorapplications with which the Contractor is working hereunder. 10. Indemnification 10.1 The Contractor shall hold harmless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys' fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperfonnance of the Contractor or its subcontractors under this Contract. 10.2 This indemnification clause shall not be construed to mean that the Contractor shall indemnify the State against liability for any losses, damages, claims, suits, actions, liabilities, ancVorexpenses that are attributable to the sole negligence of the State or the State's employees. 10.3 The State has no obligation to provide legal counsel or defense to the Contractor or its subcontractors in the event that a suit, claim, or action of any character is brought by any person not party to this Contract against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. AGY-18-004-MT MTA Pest nndRodent Control Page I 40 MDG-18-0397-A-000049 10.4 The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. 10.5 The Contractor shall immediately notify the Procurement Officer of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from, or relating to, the Contractor's obligations under the Contract, and will cooperate, assist, and consult with the State in the defense or investigation of any claim, suit, or action made or filed against the State as a result of, or relating to, the Contractor's pe1formance under this Contract. 10.6 This Section 10 shall survive termination of this Contract. 11. Non-Hiring of Employees No official or employee of the State, as defined under Md. Code Ann., General Provisions Article,§ 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and term of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract. 12. Disputes This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies) . Pending resolution ofa claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 13. Maryland Law 13.l This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland. 13.2 The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland), does not apply to this Contract or to any purchase order or Notice to Proceed issued under this Contract, or any software, or any software license required hereunder. 13.3 Any and all references to the Maryland Code, Annotated contained in this Contract shall be construed to refer to such Code sections as are from time to time amended. 14. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry, genetic infonnation, or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the perfonnance of the employment, or the individual's refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 15. Contingent Fee Prohibition AGY-18-004-MT MTA Pest and RodentControl Page I41 MDG-18-0397-A-000050 The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, nny fee or any other consideration contingent on the making of this Contract. 16. Non-availability of Funding If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available ,for the continuation of this Contract for each succeeding fiscal period beyond the first. 17. Termination for Cause If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the ContTactor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State's option, become the State's property. The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable aner termination and the State can affirmatively collect damages. Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11 B. 18. Termination for Convenience The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract; provided, however, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07 .0l.12A(2). 19. Delays and Extensions of Time The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays, interruptions, interferences, or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise 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 public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the perfonnance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes,freight embargoes, or delays of AGY-18-004-MT MTA Pest nod Rodent Control Page 142 MDG-18-0397-A-000051 subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers. 20. Suspension of Work The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its perfonnance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State. 21. Pre-Existing Regulations In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract. 22. Financial Disclosure The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain specified information to include disclosure of beneficial ownership of the business. 23. Political Contribution Disclosure The Contractor shall comply with Md. Code Ann., Election Law A11icle,Title 14, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall, file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) Febnmry 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. Additional information is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.hhnl. 24. Documents Retention and Inspection Clause The Contractor and subcontractors shall retain and maintain all records and docwnents relating to this Contract for a period of five years after final payment by the State hereunder or any applicable statute of limitations or federal retention requirements (such as HIPAA), whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. All records related in any way to the Contract are to be retained for the entire time provided under this section. In the event of any audit, the Contractor shall provide assistance to the State, without additional compensation, to identify, investigate, and reconcile any audit discrepancies and/or variances. This Section 24 shall survive expiration or termination of the Contract. 25. Right to Audit 25. l The State reserves the right, at its sole discretion and at any time, to perfonn an audit of the Contractor's AGY-18-004-MT MTA Pest nnclRodent Control Page 143 MDG-18-0397-A-000052 and/or subcontractor's performance under this Contract. An audit is defined as a planned and documented independent activity perfonned by qualified personnel including but not limited to State and federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor's compliance with the Contract, including but not limited to adequacy and compliance with established procedures and internal controls over the Contract services being performed for the State. 25.2 Upon three (3) Business Days' notice, the Contractor and/or any subcontractors shall provide the State reasonable access to their respective records to verify conforniance to the terms of the Contract. The Department may conduct these audits with any or all of its own internal resources or by securing the services of a third party accounting or audit firm, solely at the Department's election. The Department may copy, at its own expense, any record related to the services performed and provided under this Contract. 25.3 The right to audit shall include any of the Contractor's subcontractors including but not limited to any lower tier subcontractor(s) that provide essential support to the Contract services. The Contractor and/or subcontractor(s) shall ensure the Department has the right to audit such subcontractor(s). 25.4 The Contractor and/or subcontractors shall cooperate with Department and Department's designated accountant or auditor and shall provide the necessary assistance for the Department or Depa1tment's designated accountant or auditor to conduct the audit. 25.5 This Section shall survive expiration or tennination of the Contract. 26. Compliance with Laws The Contractor hereby represents and warrants that: 26.1 It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; 26.2 It is not in arrears with respect to the payment of any monies due and owing the State, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the tenn of this Contract; 26.3 It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and 26.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. 27. Cost nnd Price Certification By submitting cost or price information, the Contractor certifies to the best of its knowledge that the information submitted is accurate, complete, and current as of the date of its Bid/Proposal. The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price infonnation which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not current. AGY-18-004-MT MTA Pest and RodentControl Page 144 MDG-18-0397-A-000053 28. Subcontracting; Assignment The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the Procurement Officer provided, however, that a Contractor may assign monies receivable under a contract after due notice to the State. Any subcontracts shall include such language as may be required in various clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered. The State shall not be responsible for fulfillment of the Contractor's obligations to its subcontractors. 29. Liability For breach of this Contract, negligence, misrepresentation, or any other contract or tort claim, Contractor shall be liable as follows: 29.1 For infringement of patents, copyrights, trademarks, service marks, and/or trade secrets, as provided in Section 7 of this Contract; · 29.2 Without limitation for damages for bodily injury (including death) and damage to real property and tangible personal property; and 29.3 For all other claims, damages, losses, costs, expenses, suits, or actions in any way related to this Contract, regardless of the form Contractor's liability for third party claims arising under Section 10 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 10. 30. Commercial Nondiscrimination 30.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described at Md. Code Ann., State Finance and Procurement Article, Title 19. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. 30.2 The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause approved by the Department, in all subcontracts. 30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Md. Code Ann., State Finance and Procurement Article, Title 19, as amended from time to time, Contractor agrees to provide within sixty (60) days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial AGY-18-004-MT MTA Pest and RodentControl I•age I 45 MDG-18-0397-A-000054 Nondiscrimination Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may res1.1ltin contract tennination, disqualification by the State from participating in State contracts, and other sanctions. 31. Prompt Pay Requirements 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a b. c. d. e. 31.2 An "undisputed amount'' means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such "undisputed amounts" include, without limitation: a. b. 31.3 Not process further payments to the contractor until payment to the subcontractor is verified; Suspend all or some of the contract work without affecting the completion date(s) for the contract work; Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; Place a payment for an undisputed amount in an interest-bearing escrow account; or Take other or further actions as appropriate to resolve the withheld payment. Retainage which had been withheld and is, by the terms of the Contract between the Contractor and subcontractor, due to be distributed to the subcontractor; and An amount withheld because of issues arising out of a Contract or occurrence unrelated to the Contract under which the amount is withheld An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. b. c. Affect the rights of the contracting parties under any other provision oflaw; Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or Result in liability against or prejudice the rights of the Department. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise (MBE) program. 31.5 To ensure compliance with certified MBE subcontract participation goals, the Department may, consistent with COMAR 21.11.03.13, take the following measures: a. b. c. Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation as set forth in the MBE participation schedule. This verification may include, as appropriate: i. Inspecting any relevant records of the Contractor; ii. Inspecting the jobsite; and iii. Interviewing subcontractors and workers. iv. Verification shall include a review of: (a) The Contractor's monthly repo11 listing unpaid invoices over thirty (30) days old from certified MBE subcontractors and the reason for nonpayment; and (b) The monthly report of each certified MBE subcontractor, which lists payments received from the Contractor in the preceding thirty (30) days and invoices for which the subcontractor has not been paid. If the Department determines that the Contractor is not in compliance with certified MBE participation goals, then the Department will notify the Contractor in writing of its fmdings, and will require the AGY-18-004-MT MTA Pest end Rodent Control Page 146 MDG-18-0397-A-000055 d. e. 32. Contractor to take appropriate corrective action. Corrective action may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule. If the Department determines that the Contractor is in material noncompliance with MBE contract provisions and refuses or fails to take the corrective action that the Department requires, then the Department may: i. Terminate the contract; ii. Refer the matter to the Office of the Attorney General for appropriate action; or iii. Initiate any other specific remedy identified by the contract, including the contractual remedies required by any applicable laws, regulations, and directives regarding the payment of undisputed amounts. Upon completion of the Contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from, MBE subcontractors. Living Wage If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the agency may withhold payment of any invoice or retainage. The agency may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 33. Variations in Estimated Quantities Unless specifically indicated otherwise in the State's solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the Department does not guarantee a minimum or maximum number of units or usage in the perfonnance of this Contract. 34. Contract Monitor and Procurement Officer The work to be accomplished under this Contract shall be performed under the direction of the Contract Monitor. All matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for detennination. 35. Notices All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows: If to the State: Cheryll Brewton Procurement Officer 6 St. Paul Street, 7u,Floor Baltimore, MD 21202 Phone:410-767-3446 Email: cbrewton@mta.maryland.gov If to the Contractor: AGY-18-004-MT MTA Pest and Rodent Control Pagel 47 MDG-18-0397-A-000056 36. Liquidated Damages 36.1 The Contract requires the Contractor to make good faith efforts to comply with the Minotity Business Enterprise ("MBE") Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur economic damages and losses, including, but not limited to, loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and pertinent MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult or impossible to ascertain with precision and that liquidated damages represent a fair, reasonable, and appropriate estimation of damages. Upon a detennination by the State that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or pertinent MBE Contract provisions and without the State being required to present nny evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the State at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. The Contractor expressly agrees that the State may withhold payment on any invoices as an offset against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed-upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of each violation. 36.1.1 Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B(3): $ (dollar amount) per day until the monthly report is submitted as required. 36.1.2 Failure to include in its agreements with MBE subcontractors a provision requiting submission of payment reports in full compliance with COMAR 21.l l.03.13B(4): $(dollar amount) per MBE subcontractor. 36.1.3 Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value ofa contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract. 36.1.4 Failure to meet the Contractor's total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved. 36.1.5 Failure to promptly pay all undisputed amounts to a subcontractor in full compliance with the prompt payment provisions of the Contract: $(dollar amount) per day until the undisputed amount due to the subcontractor is paid. 36.2 Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and to exercise any and all other rights or remedies which may be available under the Contract or which otherwise may be available at law or in equity. 37. Parent Company Guarantee (Corporate name of Contractor's Parent Company) hereby guarantees absolutely the full, prompt, and complete performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connection with this Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractor's Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express AGY-18-004-MT MTA Pest nnd RodentControl Page j 48 MDG-18-0397-A-000057 written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute subjective discretion. (Corporatename of Contractor's Parent Company) further agrees that if the State brings any claim, action, suit or prnceedingagainst (Contractor),(Corporatename of Contractor's Parent Company)may be named as a party, in its capacity as Absolute Guarantor. 41. Miscellaneous 41.1 Any provision of this Contract which contemplatesperformance or observance subsequentto any tennination or expiration of this Contract shall survive terminationor expiration of this Contractand continue in full force and effect. 41.2 If any term contained in this Contract is held or finally determinedto be invalid, illegal, or unenforceablein any respect, in whole or in part, such tenn shall be severed from this Contract, and the remaining terms containedherein shall continue in full force and effect, and shall in no way be affected,prejudiced, or disturbed thereby. IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinaboveset forth. CONTRACTOR STATE OF MARYLAND MARYLAND TRANSIT ADMINISTRATION By: By: Michael Zimmerman, Director of Procurement Or designee: Date Date Approved for form and legal sufficiency this _ _ day of _____ , 20_ . Assistant Attorney General APPROVED BY BPW: _____ _ (Date) AGY-18-004-MT (BPW Item#) MTA Pest nnd RodentControl Page I 49 MDG-18-0397-A-000058 ATTACHMENT B-BlD/PROPOSAL AFFIDAVIT A. AUTHORITY I hereby afl"tnn that I, ______ (name of affiant) am the ______ (title) and duly authorized representative of ______ (name of business entity) and that [ possess tbe legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/Proposal on this project, the Bidder/Offeror has considered all Proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in§ 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland : "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article,§ 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/Proposal and: ( 1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority Proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/Proposal; (3) Fail to use the certified minority business enterprise in the perfonnance of the contract; or (4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. B-2. CERTIFICATION REGARDING VETERAN~OWNED SMALL BUSINESS ENTERPRISES. AGY-18-004-MT MTA Pest and RodentControl Page ISO MDG-18-0397-A-000059 The undersigned Bidder/Offerorhereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article,§ 14-605, Annotated Code of Maryland, which provides that a person may not: ( l) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person 1nfraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title; {2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contract; {3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or (6) Establish, knowingly aid in the establisl1mentof, or exercise control over a business found to have violated a provision of§ B-2(1)-(5) of this regulation. C. AFFIRMATION REGARDINGBRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, infonnation, and belief, the above business (as is defined in Section 16lOl(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts ·withpublic bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction,plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) ofperson(s) involved, and their current positions and responsibilities with the business): D. AFFIRMATION REGARDINGOTHER CONVICTIONS I FURTHER AFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Pagel SJ MDG-18-0397-A-000060 Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or perfonning contracts with public bodies, has: ( 1) Been convicted under state or federal statute of: (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsification or destruction ofrecords or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; ( 5) Been convicted of a violation of § 11-205. l of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)-(5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) §7201, Attempt to Evade or Defeat Tax; (b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Infonnation, (d) §7205, Fraud and False Statements, or (e) §7207, Fraudulent Retums, Statements, or Other Documents; (10) Been convicted ofa violation of 18 U.S.C . §286, Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States; (11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland; AGY-18-004-MT MTA Pest and Rodent Conh·ol Pagel52 MDG-18-0397-A-000061 (12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Madethe finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; or (15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(l }- ( 14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment): AGY-18-004-MT MTA Pest and Rodent Control Pnge I 53 MDG-18-0397-A-000062 E. AFFIRMATIONREGARDINGDEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge,information,and belief, the above business, or any of its officers, directors, partners, controlling stockholders,or any of its employees directly involved in the business's contracting activities, including obtaining or perfonning contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation)by any public entity, except as follows (list each debarment or suspensionproviding the dates of the suspensionor debannent, the name of the public entity and the status of the proceedings, the name(s) of the person(s)involved and their CUtTent positions and responsibilitieswith the business, the grounds of the debarment or suspension,and the'details of each person's involvementin any activity that fanned the grounds of the debarment or suspension). F. AFFIRMATIONREGARDINGDEBARMENTOF RELATED ENTITIES [ FURTHER AFFIRM THAT: (1) The business was not establishedand it does not operate in a manner designed to evade the applicationof or defeat the purpose of debarment pursuant to Sections"16-101,et seq., of the State Finance and ProcurementArticle of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary,or affiliate of a suspended or debarred business,except as follows (you must indicate the reasons why the affirmationscannot be given without qualification): G. SUBCONTRACTAFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy lrnowledge,information,and belief, the above business, has knowinglyentered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, constructionrelated services, leases ofreal property, or construction. AGY-18-004-MT MTA Pest and Rodent Control Pnge j54 MDG-18-0397-A-000063 H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy knowledge, information, and belief, the above business has: ( 1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/Proposal that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/Proposalprice of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/Proposal is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the busines·s has ··paid, or has arranged for payment of, all trucesdue the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding trucesdue the State of Maryland prior to final settlement. J. CONTINGENTFEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. CERTIFICATIONREGARDING INVESTMENTS IN IRAN (1) The undersigned certifies that, in accordance with State Finance and Procurement Article, § 17~705, Annotated Code of Maryland: (a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, § 17-702, Annotated Code of Maryland. 2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities: _ _ __ ___ _ _____ ____ _____ _ _ L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS) I FURTHER AFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Conti·ol Pngc I 55 MDG-18-0397-A-000064 The business has complied with the provisions of State Finance and ProcurementArticle, § 14-413, Annotated Code of Maryland governing proper disclosure of certain informationregarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law. M. I FURTHER AFFIRM THAT: Any claims of environmental attributes made relating to a product or service included in the Bid or Proposal are consistent with the Federal Trade Commission's Guides for the Use of EnvironmentalMarketing Claims as provided in 16 CFR §260, that apply to claims about the environmentalattributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service. N.ACKNOWLEDGEMENT I ACKNOWLEDGETHAT this Affidavit is to be furnished to the ProcurementOfficer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this·Bid/Proposal·shall be construed lo supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentationmade or any violation of the obligations, tenns and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprisingpart of the contract. I DO SOLEMNLYDECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,INFORMATION, AND BELIEF. Date: _________ By: ________ ____ _ _ __ ___________ ____ (print name of Authorized Representativeand Affiant) (signature of Authorized Representativeand Affiant) SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL AGY-18-004 -MT MTA Pest and Rodent Control Pnge j 56 MDG-18-0397-A-000065 ATTACHMENT C- CONTRACT AFFIDAVIT A. AUTHORITY I hereby affirm that I, ______ (name of affiant) am the ______ (title) and duly authorized representative of ______ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION OF REGISTRATIONOR QUALIFICATIONWITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRM THAT: The business named above is a (check applicable box): ; ' .;., :.. , ( 1) Corporation - D domestic or D foreign; (2) Limited Liability Company- D domestic or • foreign; domestic or D foreign; (3) Partnership domestic or D foreign; (4) Statutory Trust(5) D Sole Proprietorship. • • and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE)in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE)filed with the State Department of Assessments and Taxation is: Name and Department ID Number:____________ Address:_ _ ______ _ ___ _ and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that trne name and address of the principal or owner as: Name and Department ID Number:_____ __ _____ Address:.____________ _ C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, § 13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSUREAFFIRMATION I FURTHER AFFIRM THAT: AGY-18-004-MT MTA Pest and RodentControl Page I57 MDG-18-0397-A-000066 I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (n) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract tenn, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head's designee has detennined that application of COMAR 21.11.08 and this certification would be inappropriate in connetjtion with the law enforcement agency's undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification. (2) By submission of its Bid/Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the tenn of the conh·act; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly infonn the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable infonnat~on that a violation has occurred; (t) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) (ii) (iii) (iv) The dangers of dmg and alcohol abuse in the workplace; The business's policy of maintaining a drug and alcohol free workplace; Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above; (h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: AGY-18-004-MT MTA Pest nndRodentControl P11gej58 MDG-18-0397-A-000067 (i) (ii) Abide by the terms of the statement; and Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise ~eceiving actual notice of a conviction; G) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) (ii) Take appropriate personnel action against an employee, up to and including termination; or Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)-G), above. (3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the p~rfonnance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or tenninate the contract for default under COMAR 21.07 .01.11 or 21.07.03.15, as applicable; and (c) The violation of the provisions of COMAR 21.l 1.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03. F. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated ____ , 20 l_ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: _____ _ By: ___________ ___ ___________ AGV-18-004-MT (printed name of Authorized Representative and Affiant) (signature of Authorized Representative and Affiant) MTA Pest nod Rodent Control Page I 59 MDG-18-0397-A-000068 ATTACHMENTE- BID PRICINGINSTRUCTIONS In order to assist Bidders in the preparation of their Bid and to comply with the requirements of this solicitation, Bid Pricing Instructions and a Bid Form have been prepared. Bidders shall submit their Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Fonn or the Bid Form may be rejected. The Bid Fonn is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form. The Bid Form is used to calculate the Bidder's TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Form: A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct. B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner. C) All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35. D) Any goods or services required ·through' this 1IFB and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00. E) Every blank in every Bid Fonn shall be filled in. Any blanks may result in the Bid being regarded as nonresponsive and thus rejected. Any changes or corrections made to the Bid Form by the Bidder prior to submission shall be initialed and dated. F) Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions usually render the Bid nonresponsive, which means it will be rejected. G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03E and 21.05.02.12, and may cause the Bid to be rejected. H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and will comply with all terms and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the IFB at the prices entered in the Bid Form. I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perfonn the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid. J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically estimates for bidding purposes only. The Department does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. K) Failure to adhere to any of these instructions may result in the Bid being detennined non-responsive and rejected by the Department. AGY-18-004-MT MTA Pest and RodentControl Page 161 MDG-18-0397-A-000069 ATTACHMENT E- BID FORM BID FORM The Bid shall contain all price informationin the format specified on these pages. Complete the Bid Form only as provided in the Bid Pricing Instructions. Do not amend, alter or leave blank any items on the Bid Fonn. If option years are included, Bidders must submit Bids fol'each option year. Failure to adhere to any of these instructionsmay result in the bid being determinednon-responsiveand rejected by the Department. Bidders shall submit their Bid(s) on the Bid Form(s) attached in MS Excel. This Solicitationconsists of two separate Bid Fonns: Bid Form #1 and Bid Form #2. Bidders have the opportunity to bid on the information provided on any or both of the attached Bid Forms. A. Bid Form #1 consists of all infonnation provided in this solicitationpertaining to: 1. Bus Facilities Maintenance 2. Bus Maintenance B. Bid Fonn #2 consists of all informationprovided in this solicitationpertaining to: I. MARC Train 2. METRO Rail 3. Light Rail Submitted By: Authorized Signature: ____________________ Date: _________ Printed Name and Title: -------------------------------Bidder Name Bidder Address: ______________________________ Location(s) from which services will be performed (City/State):_________________ FEIN:_______________ eMM # ____________ Bidder Contact Information: Telephone: (__J __ -- ______ Fax: L_) __ E-mail: - ----- AGY-18-004-MT - - - ---- MTA Pest and Rodent Control - ------ _ _ _ - ______ _ _ - -- -- - Pngel62 MDG-18-0397-A-000070 ATTACHMENT F-LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS Living Wage Requirements for Service Contracts A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or Subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-halfofthe employee's time during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) (2) (3) C. A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000 . A Subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) E(Ilploys 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or (c) Perfo1ms work for a Contractor not covered by the Living Wage Law as defined in B(l )(b) above, or B(3) or C below. Service contracts for _the following: (a) Services with a Public Service Company; (b) Services with a nonprofit organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement ("Unit"); or (d) Services between a Unit and a County or Baltimore City. If the Unit responsible for the State contract for services detennines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. AGY-18-004-MT MTA Pest and Rodent Control Pngc 163 MDG-18-0397-A-000071 D. A Contractor must not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18. E. Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner. F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry's website. An employer subject to the Living Wage Law must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate. G. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, §18-103(c), shall not lower an employee's wage rate below the minimum wage as set in Md . Code Ann., Labor and Employment Article, §3-413. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of health insurance premium shall comply with any record reporting requirements established by the Commissioner. H. A Contractor/Subcontractor may reduce the wage rates paid under Md. Code Ann ., State Finance and Procurement Article, § 18-103(a), by no more than 50 cents of the hourly cost of the employer's contribution to an employee's deferred compensation plan. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's contribution to an employee's deferred compensation plan shall not lower the employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner determines that the Contractor/Subcontractor violated a provision of this title or regulations of the Commissioner, the Contractor/Subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wage. J. Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website http://www.dllr.state.md.us/labor/ and clicking on Living Wage for State Service Contracts. AGY-18-004-MT MT A Pest and Rodent Control Page I 64 MDG-18-0397-A-000072 ATTACHMENT F-1 Maryland Living Wage Requirements Affidavit of Agreement (submit with Bid/Proposal) ContractNo. MTR-17-006-MT Name of Contractor Address City - -------- ----- - --- State Zip Code - --- - ---------------------------- -------------- --- ------- If the Contract Is Exempt from the Living Wage Law The Undersigned, being an authorized representative of the above named Contractor, hereby affirms that the Contract is exempt from Maryland's Living Wage Law for the following reasons (check all that apply): •• • • Bidder/Offeror Bidder/Offeror Bidder/Offeror $500,000 Bidder/Offeror $100,000 is a nonprofit organization is a public service company employs 10 or fewer employees and the proposed contract value is less than employs more than l Oemployees and the proposed contract value is less than If the Contract Is a Living Wage Contract A. The Undersigned, being an authorized representative of the above-named Contractor, hereby affitms its commitment to comply with Title 18, State Finance and Procurement Article, Annotated Code of Maryland and, if required, to submit all payroll reports to the Commissioner of Labor and fudustry with regard to the above stated contract. The Bidder/Offeror agrees to pay covered employees who are subject to living wage at least the living wage rate in effect at the time service is provided for hours spent on State contract activities, and to ensure that its Subcontractors who are not exempt also pay the required living wage rate to their covered employees who are subject to the living wage for hours spent on a State contract for services. The Contractor agrees to comply with, and ensure its Subcontractors comply with, the rate requirements during the initial tem1 of the contract and all subsequent renewal periods, including any increases in the wage rate established by the Commissioner of Labor and fudustry, automatically upon the effective date of the revised wage rate . B. _________ (initial here if applicable) The Bidder/Offeror affirms it has no covered employees for the following reasons: (check all that apply): D AGY-18-004-MT The employee(s) proposed to work on the contract will spend less than one-half of the employee's time during any work week on the contract MTA Pest nnd RodentControl Pngc I 65 MDG-18-0397-A-000073 • • The employee(s) proposed to work on the contract is 17 years of age or younger during the duration of the contract; or The employee(s) proposed to work on the contract will work less than 13 consecutive weeks on the State contract. The Commissioner of Labor and Industry reserves the right to request payroll records and other data that the Commissioner deems sufficient to confirm these affirmations at any time . Name of Authorized Representative: ________________ Signature of Authorized Representative _ Date Title Witness Name (Typed or Printed) Witness Signature Date SUBMIT AGY-18-004-MT TmsAFFIDAVIT WITH Bro/PROPOSAL MTA Pest nod Rodent Control Page j 66 MDG-18-0397-A-000074 ATTACHMENT G-CONFLICT OF INTEREST AFFIDAVIT ANDDISCLOSURE Reference COMAR21.05.08.08 A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. B. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a Bidder/Offeror,Contractor, consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a BicVProposalis made. •· · · C. The Bidder/Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now .givitigri!!eor which could, in the future, give rise to a conflict of interest. D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in detail-attach additional sheets if necessary): E. The Bidder/Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the Bidder/Offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the Bidder/Offerorhas taken and proposes to talceto avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken. ·I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURYTHAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date:_______ _ By:____________ _ (Authorized Representative and Affiant) SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL AGY-18--004-MT MTA Pest and Rodent Control Page I67 MDG-18-0397-A-000075 ATTACHMENT H- NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT ("Agreement") is made by and between the State of Maryland (the "State"), acting by and through Maryland Transit Administration (the "Department"), and ____________________ ( the "Contractor"). RECITALS WHEREAS,the Contractor has been awarded a contract (the "Contract") following the solicitation for MT A Pest and Rodent Control Solicitation# AGY-18-004-MT and WHEREAS,in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor's employees, agents, and subcontractors (collectively the "Contractor's Personnel") with access to certain information the State deems confidential information (the "Confidential Information"). NOW, THEREFORE,in consideration of being given access to the Confidential Information in connection with the solicitation and the Contract, antl for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows: 1. Regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Infonnation is marked as such, Confidential Information means (1) any and all information provided by or made available by the State to the Contractor in connection with the Contract and (2) any and all Personally Identifiable Information (PII) (including but not limited to personal information as defined in Md. Ann. Code, State Govt. § 10-1301) and Protected Health Information (PHI) that is provided by a person or entity to the Contractor in connection with this Contract. Confidential Information includes, by way of example only, information that the Contractor views, talces notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use ofby the State in relation to the Contract. 2. Contractor shall not, without the State's prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any form, any Confidential Information except for the sole and exclusive purpose of performing under the Contract. Contractor shall limit access to the Confidential Infonnation to the Contractor's Personnel who have a demonstrable need to know such Confidential Information in order to perfonn under the Contract and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information. The names of the Contractor's Personnel are attached hereto and made a part hereof as ATTACHMENT G-1. Contractor shall update ATTACHMENT G-1 by adding additional names (whether Contractor's personnel or a subcontractor's personnel) as needed, from time to time. 3. If the Contractor intends to disseminate any portion of the Confidential Infonnation to non-employee agents who are assisting in the Contractor's performance of the Contract or who will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion. 4. Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the pilblic domain or into the possession of persons not bound to maintain the confidentiality of the Confidential Information. 5. Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor's Personnel or the Contractor's fonner AGY-18-004-MT MTA Pest nnd RodentControl Pngcl 68 MDG-18-0397-A-000076 Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s). 6. Contractor shall, at its own expense, return to the Department all copies of the Confidential Information in its care, custody, control or possession upon request of the Department or on tennination of the Contract. Contractor shall complete and submit ATTACHMENT G-2 when returning the Confidential Information to the Department. At such time, Contractor shall also permanently delete any Confidential Information stored electronically by the Contractor. 7. A breach of this Agreement by the Contractor or by the Contractor's Personnel shall constitute a breach of the Contract between the Contractor and the State. 8. Contractor acknowledges that any failure by the Contractor or the Contractor's Personnel to abide by the terms and conditions of use of the Confidential Infonnation may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Infonnation. The Contractor consents to personal jurisdiction in the Maryland State Courts. The State's rights and remedies hereunder are cwnulative, and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Infonnation and to seek damages from the Contractor and the Contractor's Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys' fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor's Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and costs. 9. Contractor and each of the Contractor's Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State. 10. The parties further agree that: a. This Agreement shall be governed by the laws of the State of Maryland; b. The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State; c. The State makes no representations or warranties as to the accuracy or completeness of any Confidential Information; d. The invalidity 01· unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement; e. Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures; f. The Recitals are not merely prefatory but are an integral part hereof; and g. The effective date of this Agreement shall be the same as the effective date of the Contract entered into by the parties. IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the day and year first above written. Contractor: ____________ By: __________ _ (SEAL) Maryland Transit Administration: By: --------------- Printed Name: __________ _ Printed Name: Title: ____________ _ Title: _____ AGY-18-004-MT ----------- MTA Pest and RodentControl ___ ____ _ Page I 69 MDG-18-0397-A-000077 Date: ______________ _ AGY-18-004-MT MTA Pest nnd Rodent Control Date:_____________ _ Page I 70 MDG-18-0397-A-000078 NON-DISCLOSURE AGREEMENT -ATTACHMENT G-1 LIST OF CONTRACTOR'S EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO THE CONFIDENTIAL INFORMATION Printed Name and Address of Individual/ Agent AGY-18-004-MT Employee (E) or Agent (A) Signature MTA Pest and Rodent Control Date Page 171 MDG-18-0397-A-000079 NON-DISCLOSURE AGREEMENT-ATTACHMENT G-2 CERTIFICATION TO ACCOMPANY RETURN OR DELETION OF CONFIDENTIAL INFORMATION I AFFIRM THAT: To the best ofmy knowledge, infonnation, and belief, and upon due inquiry, I hereby certify that: (i) all Confidential Information which is the subject matter of that certain Non-Disclosure Agreementby and between the State of Maryland and ________________________ _ ("Contractor") dated _______ _, 20__ ("Agreement") is attached hereto and is hereby returned to the State in accordancewith the terms and conditions of the Agreement; and (ii) I am legally authorized to bind the Contractorto this affirmation. Any and all Confidential Informationthat was stored electronicallyby me has been permanently deleted from all of my systems or electronic storage devices where such Confidential Informationmay have been stored. I DO SOLEMNLY DECLAREAND AFFIRM UNDER THE PENALTIES OF PERJURYTHAT THE CONTENTSOF THIS AFFIDAVITARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION,AND BELIEF,HAYING MADE DUE INQUIRY. DATE:___________ NAME OF CONTRACTOR: BY: _ __ _ _ _ ___ _ ------------------__ _ _ _ _ _______ __ _ (Signature) TITLE: ______________________ _ (AuthorizedRepresentativeand Affiant) AGY-18-004-MT MTA Pest and Rodent Control Page 172 MDG-18-0397-A-000080 Pest and Rodent Control - Bid Form #1 1 ' ! ' Section Item A B C Location / Unit Description Number of Locations/ Units Spraying Treatments Per Year - Spraying Cost Per Treatment 1 Bush Division 1 156 78 2 3 4 5 Kirk Division 1 48 24 Eastern Division 1 48 24 Northwest Division 1 48 48 Trailers (5) 1 60 36 7 .. Additional Service • 40 Requests Special Circumstance 80 Request • I -- 8 Contract Manager's Discretion: Rat Zappers (4 x 4 3/4 x 111/2): 100 g Contract Manager's Discretion: Termites & Bed Bugs as Needed: 50 TOTALANNUALCOSTFORFACILITYMAINTENANCEBUS:- Section"A" add lines 1-9, column G: TOTALFIVE(5) YEARCONTRACTCOSTFORFACILITYMAINTENANCE:- Section"A" line 10 column G times 5: 10 11 P. F Rat Zapper/ Bait Box Cost Per Treatment G Annual Cost (BX C X D) plus (BX EX F) FACILITYMAINTENANCE - BUS A 6 - E Rat Zapper/ Bait Box Treatments Per Year D J ~ - ~ - $ $ - $ $ $ - - $ - $ - $ $ - $ $ - - - p ::........:.,.~ BUS MAINTENANCE B - 1 Bush Division Buses 241 12 2 3 4 Kirk Division - Buses 157 12 Eastern Division - Buses 194 12 Northwest Div - Buses 171 12 $ $ $ $ 200 $ - 40 $ - $ $ $ $ - 5 6 Additional Service Requests - 763 Buses Special Circumstance Request - fogging 7 TOTAL ANNUAL COST FOR BUS MAINTENANCE: - Section "B" add lines 1-6 Column G: 8 TOTAL FIVE (S) YEAR CONTRACT COST FOR BUS MAINTENANCE: - Section "B" line 7 column G times 5: TOTAL ANNUAL COST FOR ENGINEERSESTIMATE #1: Section "A" column "G" line 10 PLUSSection 11 11 B column "G" line 7: TOTALFIVE(5) YEARCOSTFORENGINEERS ESTIMATE#1: Section "A" comumn "G" line 11 PLUSSection "B" column "G" line 8: - - - - MDG-18-0397-A-000081 Pest and Rodent Control - Bid Form #2 B -- A Section Item A 1 2 3 4 5 B 1 2 3 4 5 6 7 Location / Unit Description Number of Locations/ Units MARC TRAIN - Aberdeen, Stations Listed Above 7 Additional Service Requests: Special Circumstance Request: C Spraying Treatments Per Vear BWI Airport, - D Spraying Cost Per Treatment ' E Rat Zapper/ Bait Box Treatments Per Vear Edgewood, Halethorpe, Odenton, F' G Rat Zapper/ Bait Box Cost Per Treatment Perryville, I Annual Cost (BX C X D) plus (BX EX F) Martin Airport $ - $ - $ - TOTAL ANNUAL COSTFOR MARC TRAIN: - Section "A" add lines 1-3, column G: $ TOTAL FIVE (5) YEAR CONTRACTCOSTFOR MARC TRAIN: - Section "A" line 4 column G times 5: $ - METRO RAIL - Operations 12 - so so Control Center, Systems Malntaintenance, Kiosk, Old Court Facilities Maintenance, Buildings Listed Above Rail Cars & Vehicles Metro Rail Stations Additional Service Requests Special Circumstance Request 12 Money Room, Photo Lab/Print Wabash Rail Shop, Fair Collectlon/Facllltles Shop, Mondawmln Station Maintenance 8 12 $ - 98 14 12 - 12 12 $ $ 25 100 $ - $ - $ $ - so TOTAL ANNUAL COSTFOR METRO RAIL: - Section "B" add lines 1-5 Column G: 11 11 TOTAL FIVE (5) YEAR CONTRACTCOSTFOR METRO RAIL: - Section 8 line 6 column G times 5: MDG-18-0397-A-000082 Pest and Rodent Control - Bid Form #2 - -· B A"· Location / Unit Description Section Item 2 3 4 5 6 7 8 Buildings Listed Above Bellona Ave. Storage Trailers Exterior Rooms Rail Cars - (Two-Pack) Light Rail Stations Additional Service Requests: Special Circumstance Request: Spraying Spraying Locations/ Units Treatments Per Year Cost Per Treatment ' E G F - Rat Zapper/ Bait Box Rat Zapper/ Bait Box Cost Annual Cost Treatments Per Year Per (BX C X D) plus (BX EX F) Treatment 2 12 12 $ - 1 12 12 12 12 12 $ $ $ $ $ - 53 $ - 12 $ - 6 3 53 33 12 TOTALANNUALCOSTFORLIGHTRAIL:- Section"C" add lines 1-8, column G: TOTAL FIVE(5) YEARCONTRACTCOSTFOR LIGHTRAIL: - Section "C" line 9 column G times 5: TOTAL ANNUAL COSTFOR ENGINEERSESTIMATE#2: Section "A, B, C" Column "G" Lines 4, 6, 9: TOTALFIVE(5) VEARCOSTFORENGINEERS ESTIMATE #2: Section "A, B, C" column "G" Lines 5, 7, 10: 10 ., • D LIGHT RAIL - North Avenue, Cromwell 9 C" I Number of C 1 C ;")i·.1_.1• ·•""' ;;;..:ir ;:, - '9,.. . .. - - $ $ $ $ - - .,1'•.i;.· . - - : ,· . MDG-18-0397-A-000083 Fwd: MTABid Subject: Fwd: MTA Bid From: Tiffany Robinson -GOV- 11/30/2017 2:09 PM Attachments: MTA Bid.pdf (7.6 MB) To: "sean.powell" Date: Follow up email just received from my call. Tiffany P. Robinson Deputy Oiief of Staff ll Off ice of the Governor CHANGING 1ooState arc le Maryland Annapolis, rvo21401 for the Better tiff any.robinson@rrary land.gov 410-260-3982 (office) 410-972-6008 (cell) ---------- Forwarded message---------From: John Pica Date: Thu, Nov 30, 2017 at 2:06 PM Subject: MTA Bid To: "tiffany.robinson@maryland.gov " Tiffany Attached is the MTA Pest and Rodent Control bid. The bid has been placed under the Small Business Reserve. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State arcle Annapolis, MD 21401 410 990 1250 Off ice MDG-18-0397-A-000084 1 of3 7/19/2018 3:15 PM Fwd: MTA Bid 410 446 4600 IVobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 From: Selander, Gina [mailto: gselander@homeparamount Sent: Friday, November 24, 2017 11:17 AM To: John Pica Cc:Whipp, Judy ; .com] Bromwell, Thomas Subject: RE: MTA John, Please see the attached MTA bid currently up for bid. Best Regards, Gina Selander Commercial Operations Coordinator Corporate Office Home Paramount Pest Control MDG-18-0397-A-000085 2 of3 7/19/2018 3:15 PM Fwd: MTABid (410) 510-0700 x8162 http://www.homeparamount.com/ Disclaimer: This information is intended solely for the use of the individual to whom it is addressed. Any review, disclosure, copying, distribution or use of this e-mail communication by others is strictly prohibited. If you are not the intended recipient, please notify us immediately by returning this message to the sender and delete all copies. MDG-18-0397-A-000086 3 of3 7/19/2018 3:15 PM MARYLAND DEPARTMENT OF TRANSPORTATION STATE OF MARYLAND MARYLAND DEPARTMENT OF TRANSPORTATION MARYLAND TRANSIT ADMINISTRATION INVITATION FOR BIDS (IFB) SOLICITATION NO. AGY-18-004-MT MTA PEST AND RODENT CONTROL Issue Date: November 9, 2017 NOTICE TO BIDDERS/OFFERORS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§ 14-501 -14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. See IFB Section 1.44 for additional information. MDG-18-0397-A-000087 STATE OF MARYLAND NOTICE TO VENDORS In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you talce a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed fonn to the attention of the Procurement Officer (see the Key Information Sheet below for contact infonnation). Title: MTA Pest and Rodent Control 1. Solicitation No: AGY-18-004-MT If you have chosen not to respond to this solicitation, please indicate the reason(s) below: ( ) ( ) ( .) ( ) ( ) ( ) ( ( ( ( ( ) ) ) ) ) ( ) ( ) ( ) ( ) 2. Other commitments preclude our participation at this time. The subject of the solicitation is not something we ordinarily provide. We are inexperienced in the work/commodities required. Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.) The scope of work is beyond our present capacity. Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.) We cannot be competitive. (Explain in REMARKS section.) Time allotted for completion of the Bid/Proposal is insufficient. Start-up time is insufficient. Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.) Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.) MBE or VSBE requirements. (Explain in REMARKS section.) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) Payment schedule too slow. Other: ________________________ _ If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.). REMARKS: Vendor Name: Date: ------------------ Contact Person: _____________ _ Phone(_) ---------- __ -------- Address: ____________________________ _ E-mail Address: _________________________ AGY-18-004-MT _ Page I Ii MTA Pest and RodentControl MDG-18-0397-A-000088 STATE OF MARYLAND MARYLAND TRANSIT ADMINISRATION IFB KEY INFORMATION SUMMARY SHEET Invitation for Bids: MT A Pest and Rodent Control Solicitation Number: AGY-18-004-MT IFB Issue Date: November 9, 2017 IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration Procurement Officer: Cheryll Brewton, Procurement Officer 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Phone:410-767-3446 Fax: 410-333-4810 cbrewton@mta.maryland.gov Bids are to be sent to: Maryland Transit Administration 6 St. Paul Street, 7d,Floor Baltimore, Maryland 21202 Attention: Cheryll Brewton Pre-Bid Conference: November 28, 2017 at 1:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Bid Due (Closing) Date and Time: December 14, 2017 at 1:30 P.M. Local Time Public Bid Opening: December 14, 2017 at 2:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d,Floor Baltimore, Maryland 21202 AGY-18-004-MT Page I iii MTA Pest and Rodent Control MDG-18-0397-A-000089 Table of Contents SECTION I-GENERAL 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 IN'FORM.ATION .............................................................................. 6 Summary Statement ......................................................................................................... 6 Abbreviations and Definitions ......................................................................................... 6 Contract Type ................................................................................................................... 7 Contract Duration ............................................................................................................. 7 Procurement Officer ........................................................................ ................................. 8 Contract Monitor .............................................................................................................. 8 Pre-Bid Conference .......................................................................................................... 8 eMarylandMarketplace .................................................................................................... 9 Questions .......................................................................................................................... 9 Procurement Method ................................................................................ ........................ 9 Bids Due (Closing) Date and Time .................................................................................. 9 Multiple or Alternate Bids ............................................................................................. 10 Receipt, Opening and Recording of Bids ...................................................................... 1O Confidentiality of Bids ................................................................................................... 1O AwardBasis ................................................................................................................... 10 Tie Bids .......................................................................................................................... 11 Duration of Bid .............................................................................................................. 11 Revisions to the IFB ....................................................................................................... 11 Cancellations .................................................................................................................. 11 Incurred Expenses .......................................................................................................... 11 Protest/Disputes ............................................................................................................. 11 Bidder Responsibilities .................................................................................................. 11 Substitution of Personnel ............................................................................................... 12 Mandatory Contractual Terms ....................................................................................... 12 Bid/Proposal Affidavit ................................................................................................... 12 Contract Affidavit .......................................................................................................... 12 Compliance with Laws/Arrearages ................................................................................ 12 Verification of Registration and Tax Payment .............................................................. 12 False Statements .................................................... ......................................................... 13 Payinents by Electronic Funds Transfer ........................................................................ 13 Prompt Payment Policy .................................................................................................. 13 Electronic Procurements Authorized ............................................................................. 13 Minority Business Enterprise Goal and Subgoals ......................................................... 15 Living Wage Require1nents ........................................................................................... 15 Federal Funding Acknowledgement .............................................................................. 16 Conflict of Interest Affidavit and Disclosure ................................................................. 16 Non-Disclosure Agreement ........................................................................................... 16 HIPAA- Business Associate Agreement ...................................................................... 16 Nonvisual Access ........................................................................................................... 16 Mercury and Products That Contain Mercury ............................................................... 16 Veteran-Owned Small Business Enterprise Goal .......................................................... 16 Location of the Performance of Services Disclosure ..................................................... 16 Department of Human Resources (DHR) Hiring Agreement.. ...................................... 17 AGY-18-004-MT MTA Pest and Uodent Control Page l iv MDG-18-0397-A-000090 1.44 Small Business Reserve (SBR) Procurement ................................................................ 17 SECTION 2- MINIMUM QUALIFICATIONS ..................................................................... 19 2.1 Bidder Minimum Qualifications .................................................................................... 19 SECTION 3 - SCOPE OF WORK ........................................................................................... 20 3 .1 3.2 3.3 3.4 3.5 3.6 3.7 Background and Putpose ............................................................................................... Scope of Work~ Requirements ...................................................................................... Security Requirements ................................................................................................... Insurance Requirements ................................................................................................. Problem Escalation Procedure ....................................................................................... Invoicing ........................................................................................................................ End of Contract Transition ............................................................................................. SECTION 4 - BID FORMAT .................................................................................................... 4.1 4.2 4.3 4.4 4.5 4.6 4.7 20 20 29 29 30 30 31 32 One Part Subn1ission...................................................................................................... 32 Labeling ......................................................................................................................... 32 Bid Price Form ............................................................................................................... 32 Required Bid Subnrissions ............................................................................................. 32 Reciprocal Preference .................................................................................................... 34 Delivery .......................................................................................................................... 34 Documents Required upon Notice of Recommendation for Contract Award ............... 35 IF'BATTACHMENTS................................................................................................................ 36 ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT AGY-18-004-MT A- CONTRACT .......................................................................................... 37 B - BID/PROPOSAL AFFIDAVIT ............................................................. 50 C-CONTRACT AFFIDAVIT ..................................................................... 57 D - PRE-BID CONFERENCE RESPONSE FORM ................................... 60 E- BID PRICING INSTRUCTIONS .......................................................... 61 E- BID FORM ............................................................................................ 62 F - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS .. 63 G - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ........ 67 H-NON-DISCLOSURE AGREEMENT ................................................... 68 MTA Pest nnd RodentControl Pngelv MDG-18-0397-A-000091 SECTION 1 - GENERAL INFORMATION I 1.1 Summary Statement 1.1.1 The Maryland Transit Administration (MT A) is issuing this Invitation for Bids (IFB) to provide MT A properties, vehicles, buildings, office, grounds, and structures with effective and positive control of all rodents and pests. 1.1.2 It is the State's intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract is five (5) years. See Section 1.4 for more information. 1.1.3 The Department intends to award up to two (2) Contracts based on Function Area(s), as a result of this IFB. See IFB Section 1.15 for more information. 1.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder(s) (the Contractors) shall remain responsible for Contract performance regardless of subcontractor participation in the work. I 1.2 Abbreviations and Defmitions For purposes of this IFB , the following abbreviations or terms have the meanings indicated below: l . Bid - A statement of price offered by a Bidder in response to an IFB. 2. Bidder - An entity that submits a Bid in response to this IFB. 3. Business Day(s) -The official working days of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of"Normal State Business Hours" below). 4. COMAR- Code of Maryland Regulations available on-line at www.dsd.state.md.us. 5. Contract-The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment A. 6. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4. 7. Contract Monitor (CM)-The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor's responsibilities. 8. Contractor-The selected Bidder that is awarded a Contract by the State. 9. Department or MT A - Maryland Transit Administration. AGY-18-004-MT MT A Pest and Rodent Control Pngel6 MDG-18-0397-A-000092 10. eMM - eMaryland Marketplace (see IFB Section 1.8). 11. Go-Live Date - The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by this solicitation. See Section 1.4. 12. Invitation for Bids (IFB)-This Invitation for Bids solicitation issued by the MTA, with the Solicitation Number and date of issuance indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors), including any addenda. 13. Local Time -Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. 14. Minority Business Enterprise (MBE)-Any legal entity certified as defined at COMAR 21.0l.02.0IB(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03. 15. Normal State Business Hours - Normal State business hours are 8:00 a.m. - 5:00 p.m . Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov- keyword: State Holidays. 16. Notice to Proceed {NTP) - A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go-Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the Department Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date. 17. Procurement Officer - Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor. 18. State - The State of Maryland. 19. Total Bid Price - The Bidder's total price for services in response to this solicitation, included in the Bid in Attachment F - Bid Form, and used in determining the recommended awardee (see IFB Section 1.15). 20. Veteran-owned Small Business Enterprise (VSBE)- a business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13. 11.3 Contract Type The Contract resulting from this solicitation shall be a finn fixed price as defined in COMAR 21.06.03.02.A(l)&(2). It.4 1.4.1 Contract Duration The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required ("Contract Commencement"). AGY-18-004-MT MTA Pest and Rodent Control Pagej7 MDG-18-0397-A-000093 1.4.2 The period of time from the date of Contract Commencement through the Go-Live Date (see Section 1.2 definition and Section 1.4.3) will be the Contract "Start-up Period." During the Start-up Period the Contractor shall perfonn start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any activities it perfonns during the Start-up Period. 1.4.3 As of the Go-Live Date contained in a Notice to Proceed (see Section 1.2 definition), the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Bid. 1.4.4 The duration of the Contract will be for the period of time from Contract Commencement from Notice to Proceed for the provision of all services required by the Contract and the requirements of this solicitation. 1.4.5 The Contractor's obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied. j 1.s Procurement Officer The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract (see definition of "Procurement Officer" in Section 1.2). The name and contact infonnation of the Procurement Officer are indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Department may change the Procurement Officer at any time by written notice. No other MT A employees should be contacted referencing this IFB. The vendor is liable for any information received from other than the procurement officer. It.6 Contract Monitor The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award (see definition of "Contract Monitor" in Section 1.2). The name and contact information of the Contract Monitor are indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Departmentmay change the Contract Monitor at any time by written notice. I 1.1 Pre...aldConference A Pre-Bid Conference (the Conference) will be held at the date, time, and location indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids. The Conference will be summarized As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to have received a copy of this IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace. See IFB Section 1.8. AGY-18-004-MT MTA Pest and Rodent Control Pagel 8 MDG-18-0397-A-000094 In order to assure adequate seating and other accommodations at the Conference, please e-mail or fax the Pre-Bid Conference Response Form (Attachment E) to the attention of the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. In addition, ifthere is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. The Department will make a reasonable effort to provide such special accommodation. 11.s eMarylandMarketplace Each Bidder is requested to indicate its eMaryland Marketplace (eMM) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Bid submission to this IFB. eMM is an electronic commerce system administered by the Maryland Department of General Services. Means for transmitting the IFB and associated materials, the solicitation and summary of the Pre-Bid Conference, Bidder questions and the Procurement Officer's responses, addenda, and other solicitation-related information will be provided via eMM. In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to https://emaryland .buyspeed.com/bso/login.jsp, click on "Register" to begin the process, and then follow the prompts. 11.9 Questions Written questions from prospective Bidders will be accepted by the Procurement Officer prior to the Conference. If possible and appropriate, such questions will be answered at the Conference. (No substantive question will be answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via e-mail to the via email to the following address: cbrewton@mta.maryland.gov. Please identify in the subject line the Solicitation Number and Title. Questions, both oral and written, will also be accepted from prospective Bidders attending the Conference. If pqssible and appropriate, these questions will be answered at the Conference. Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer via email in a timely manner prior to the Bid due date. Questions are requested to be submitted at least fifteen (15) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Time permitting, answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the IFB in sufficient time for the answer to be taken into consideration in the Bid. I t.10 Procurement Method This Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02. I t.11 Bids Due (Closing) Date and Time Bids, in the number and form set forth in Section 4.4 "Required Bid Submissions," must be received by the Procurement Officer at the Procurement Officer's address and no later than the Bid Due date and time indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) in order to be considered. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Pagel9 MDG-18-0397-A-000095 Requests for extension of this time or date will not be granted. Bidders mailing Bids should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in this section will not be considered, Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids may not be submitted by e-mail or facsimile. Vendors not responding to this solicitation are requested to submit the ''Notice to Vendors" form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.). This form is located in the IFB immediately following the Title Page (page ii). t 1.12 Multiple or Alternate Bids Multiple and/or alternate Bids will not be accepted. J t.13 Receipt, Opening and Recording of Bids · 1.13. 1 Receipt. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. 1.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. The name of each Bidder, the total Bid price, and such other information as is deemed appropriate shall be rend aloud or otherwise made available. 1.13 .3 The Bid Opening shall be at the date, time, and location indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) Il.i4 Confidentiality .of Bi(Js The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price. For requests for information made under the Public Information Act (PIA), the Procurement Officer shall examine the Bids to detennine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General. J t.15 Award Basis The Contract shnll be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for each of the functional areas for providing the goods and services as specified in this IFB. The most favorable Totnl Bid Price will be the lowest price total on Attachment E - Bid Fonn. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFf BLANK. AGY-18-004-MT MTA Pest 11ndRodent Control Page I 10 MDG-18-0397-A-000096 It.16 Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14. It.17 Duration of Bid Bids submitted in response to this IFB are irrevocable for 180 days following the closing date of the Bids. This period may be extended at the Procurement Officer's request only with the Bidder's written agreement. It.18 Revisions to the IFB If it becomes necessary to revise this IFB before the due date for Bids, the Department shall endeavor to provide addenda to all prospective Bidders that were sent this IFB or which are otherwise known by the Procurement Officer to have obtained this IFB. In addition, addenda to the IFB will be posted on the Department's procurement web page and through eMM. It remains the responsibility of all prospective Bidders to check all applicable websites for any addenda issued prior to the submission of Bids. Acknowledgment of the receipt of all addenda to this IFB issued before the Bid due date shall be included in the Transmittal Letter accompanying the Bidder's Bid. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the IFB. I t.19 Cancellations The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB. I t.20 Incurred Expenses The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to submitting a Bid in response to this solicitation. j 1.21 Protest/Disputes Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies). It..22 Bidder Responsibilities The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder's Bid . If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB. If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall AGY-18--004-MT MTA Pest and Rodent Control Page I Jl MDG-18-0397-A-000097 pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder shall submit with its Bid an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary. I t.23 Substitution of Personnel If the solicitation requires that a particular individual or personnel be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State's remedies under the Contract or which otherwise may be available at law or in equity . j t.24 Mandatory Contractual Terms By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission . Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection. It.25 Bid/Proposal Affidavit A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this IFB. I t.26 Contract Affidavit All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this IFB. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award . This Contract Affidavit is also required to be submitted by the Contractor with any Contract renewal, including the exercise of any options or modifications that may extend the Contract term. For purposes of completing Section "B" of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), note that a business enti_ty that is organized outside of the State of Maryland is considered to be a "foreign" business. I t.27 Compliance with Laws/Arrearages By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award. It. 28 Verification of Registration and Tax Payment Before a business entity can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. The SDAT website is http://sdatcert3.resiusa .org/ucc-charter/. AGY-18-004-MT MTA Pest and Rodent Control Page 112 MDG-18-0397-A-000098 It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder's failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award. It.29 False Statements Bidders are advised that Md . Code Ann., State Finance and Procurement Article,§ 11-205. l provides as follows: 1.29.1 In connection with a procurement contract a person may not willfully: (a) (b) (c) Falsify, conceal, or suppress a material fact by any scheme or device; Make a false or fraudulent statement or representation of a material fact; or Use a false writing or document that contains a false or fraudulent statement or entry of a material fact. 1.29.2 A person may not aid or conspire with another person to commit an act under subsection (1) of this section. 1.29.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both. It.30 Payments by Electronic Funds Transfer By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds transfer (EFf) unless the State Comptroller's Office grants an exemption . Payment by EFT is mandatory for contracts exceeding $200,000. The selected Bidder/Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFf) Registration Request Form . Any request for exemption must be submitted to the State Comptroller's Office for approval at the address specified on the COT/GAD X-10 form, must include the business itlentification infonnation as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller's website at: http:// comptroller .mary landtaxes.com/Government Services/State Accountin g Information/Static Files/APM/ gadx10.pdf I t.31 Prompt Payment Policy This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor's Office of Minority Affairs (GOMA) and dated August l, 2008. Promulgated pursuant to Md. Code Ann ., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.0 l, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract "Prompt Payment" clause (see Attachment A). Additional information is available on GOMA's website at: http://goma.maryland.gov/Documents/Legislation/PromptPaymentFAOs.pdf I t.32 A. Electronic Procurements Authorized Under COMAR 21.03.05, unless otherwise prohibited by law , the Department may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a AGY-18-004-MT MTA Pest and Rodent Control Page I 13 MDG-18-0397-A-000099 contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21. B. Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract. C. "Electronic means" refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange. D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., § 1.30 "Payments by Electronic Funds Transfer") and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the terms described: 1. The Procurement Officer may conduct the procurement using eMM, e-mail, or facsimile to issue: (a) (b) (c) (d) (e) the solicitation (e.g., the IFB/RFP); any amendments; pre-Bid/Proposal conference documents; questions and responses; communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential Bidder/Offeror; (f) notices of award selection or non-selection; and (g) the Procurement Officer's decision on any Bid protest or Contract claim . 2. A Bidder/Offeror or potential Bidder/Offeror may use e-mail or facsimile to: (a) ask questions regarding the solicitation; (b) reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer's request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer; (c) submit a "No Bid/Proposal Response" to the solicitation. 3. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section E of this subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor. E. The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means: 1. 2. 3. 4. submission of initial Bids or Proposals; filing of Bid Protests; filing of Contract Claims; submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications, etc.); or 5. any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder/Offeror be provided in writing or hard copy. AGY-18-004-MT MTA Pest and Rodent Control Page I 14 MDG-18-0397-A-000100 F. It.33 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor. Minority Business Enterprise Goal and Subgoals There is no MBE subcontractor participation goal for this procurement. It.34 Living Wage Requirements Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code, State Finance and Procurement,§ 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a Contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements . See COMAR 21.11.10.05. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. See the "Living Wage" clause in the Contract (Attachment A). Additional information regarding the State's living wage requirement is contained in Attachment F. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required documentation, the State may determine a Bidder/Offeror to be not responsible under State law. Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery, Prince George's, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services . The Bidder/Offeror must identify in its Bid/Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided. • • • If the Contractor provides 50% or more of the services from a location(s) in a Tier l jurisdiction(s) the Contract will be a Tier l Contract. If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, this Contract will be determined to be a Tier 1 Contract. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.rnd.us/labor/prev/livingwage.shtml. AGY-18-004-MT MTA Pest and Rodent Control Page I 15 MDG-18-0397-A-000101 NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because of a Living Wage change. I t.35 Federal Funding Acknowledgement This Contract does not contain Federal funds. I t.36 Conflict oflnterest Affidavit and Disclosure Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (AttachmentG) and submit it with their Bid/Proposal. AU Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the Contractor's personnel who perfonn or control work under this Contract and each of the participating subcontractor personnel who perfonn or control work under this Contract shall be required to complete agreements substantially similar to AttachmentG Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08. I t.37 Non-Disclosure Agreement All Bidders/Offerors are advised that this solicitation and any resultant Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment H. This Agreement must be provided within five (5) Business Days of notification of proposed Contract award ; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid/Proposal. I t.38 HIPAA - Business Associate Agreement A HIPAA Business Associate Agreement is not required for this procurement. I t.39 Nonvisual Access This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access. It.40 Mercury and Products Thllt Contain Mercury This solicitation does not include the procurement of products known to likely include mercury as a component. It.41 Veteran-Owned Small Business Enterprise Goal There is no Veteran-Owned Small Business Enterprise (VSBE) participation goal for this procurement. I t.42 Location of the Perf01·manceof Services Disclosure This solicitation does not require a Location of the Perfonnance of Services Disclosure. AGY-18-004-MT MTA Pest and Rodent Control Page I 16 MDG-18-0397-A-000102 It.43 Department of Human Resources {DUR) Hiring Agreement This solicitation does not require a DHR Hiring Agreement. I_1.44 Small .Business Reserve (SBR) Procurement . This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§ 14-50114-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria: A. It is independently owned and operated; B. It is not a subsidiary of another business; C. It is not dominant in its field of operation; and D. Either: (1) With respect to employees: (a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years; (b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years; (c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and (f) The architectural and engineering services of the business did not employ more than l 00 persons in its most recently completed 3 fiscal years; or (2) With respect to gross sales: (a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years; (b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years; AGY-18-004-MT MTA Pest and Rodent Control Page 117 MDG-18-0397-A-000103 (c) The gross sales oflts manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; (d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years; ( e) TI1e gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and (t) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence. Further iofonnation on the certification process is available at eMaryland Marketplace. F. Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract. G. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Department of General Services as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been certified. H. Reporting. The designated procurement units shall submit a report on the Small Business Reserve Program annually as required under COMAR 21.13.0l.03B. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page 118 MDG-18-0397-A-000104 SECTION 2 - MINIMUM QUALIFICATIONS 12.1 Bidder Minimum Qualifications The Bidder shall provide proof with its Bid that the following Minimum Qualifications have been met: 2.1.1 The Bidder shall be properly licensed and certified to handle, apply, and dispose of any/all pesticides, insecticides, and chemicals, etc. used in accordance with any/all applicable OSHA, Maryland State, and Federal Laws and Regulations. 2.1.2 The Bidder shall submit complete and legible copies of current licenses and certifications as stated above, Section 2.1.1. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and RodentControl Pngc 119 MDG-18-0397-A-000105 SECTION 3 - SCOPE OF WORK 13.1 Background and Purpose TI1e Maryland Transit Administration (MTA) is issuing this Invitation to Bid (IFB) to award one or more contracts, based on Functional Area, to a qualified finn(s) to provide effective and positive control of all rodents and pests in the MT A properties, vehicles, buildings, offices, grounds, and structures. I3.2 Scope of Work- Requirements 3.2.1 Definitions A. Function Area I- Includes all MT A property, facilities, stations, structures, offices, vehicles, and buses within the Bus Division. B. Function Area II- Includes all MTA property, facilities, stations, structures, offices, rail cars, and vehicles within the Light Rail, METRO Rail, and MARC Train Divisions. C. Pests- Identified as any destructive or troublesome insects and bugs of any type. D. Rodents- Including, but not limited to, rats, mice, snakes, squirrels, raccoons, possums, lizards, birds, wasps, bees, cats, stink-bugs, etc. E. Special Circumstance Service Requests- Identified as situations based on MT A's employees' visual observations, customer complaints, special projects, demolition, structure rebuilds, and/or specified occurrences as deemed necessary by the MTA. F. Additional Service Requests- Identified as Situations based on MT A employees' suspicion of a re-infestation of any area, vehicles, structures, buildings, properties, etc. in between regularly scheduled treatments. G. Warranty Services- Services required by the need to reapply treatments to any/all MTA properties, facilities, stations, structures, offices, buses, railcars, vehicles, buildings, and/or specified areas within the "treatment/application's effective period as specified by the Contractor" due to its ineffectualness. H. Service Locations- Including, but not limited to: 1. Stations- Consists of a physical structure above or below ground 2. Train Stops- Consists of, but not limited to, rail platforms and/or exterior restroom 3. Platforms- Consists of a stand-alone rail platform used to board and exit rail vehicle 4. Facilities- Consists of office buildings, trailers, workshops, storage facilities, and guardhouses/ guard shelters. I. Rodent Control Services- Includes, but not limited to, "Rat Traps" and "Rat Zappers". However, the Contractor will consider "Rat Traps and Rat Zappers" comparable in costs as MT A will be implementing the sole use of "Rat Zappers" in the future. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest nnd Rodent Control Page I 20 MDG-18-0397-A-000106 3.2.2 General Requirements A. The Contractor shall provide his/her own equipment, labor, insecticides, pesticides, disinfectants, chemicals, vehicles and/or transportation, tools, materials, and supplies as required for the work to be completed for a comprehensive pest and rodent control service as described herein. B. The Contractor shall provide effective and positive treatment for the complete control of rodents and pests as described herein. C. The Contractor shall be required to make "Special Circumstance" service requests to treat areas and/or vehicles as requested by the MTA. The requested "Special Circumstance" service call may be due to MTA employees' visual inspections, customer complaints, special projects, demolition and/or rebuild of structures, or any reasons as deemed necessary by the MT A. The Contractor shall respond to all "Special Circumstance" service requests within twelve (12) hours ofreceipt of the request. D. The Contractor shall provide the treatment of termites on an as needed basis only and shall submit an itemized list of costs for all services, :insecticides, and chemicals used in the treatment of the tennites. E. The Contractor shall perfonn the inspection, location, trapping, and extem1ination of rats, mice, raccoons, possums, and other rodents as defined under "Definitions" on an as needed basis only and shall submit itemized costs list of all services, equipment, and/or chemicals used . 3.2.3 Additional Services A. Upon a MTA Project Manager's request, the Contractor shall be required to provide additional services to ensure adequate pest/rodent control at any other MT A locations, unoccupied property, or structure. Upon such requests, an escort may be provided during the period necessary to treat the affected area(s). This service falls under the classification of "as needed treatments". B. Upon the suspicion of an infestation, MTA may request additional services at any time between regularly scheduled treatments as outlined in Section 3.2.8.A. Should the Contractor confirm the infestation of any group of vehicles, structures, offices, facilities, properties or buildings, the Contractor shall be required to apply treatment to all specified areas. C. In all instances of confirmed infestation, the Contractor shall be required to produce, in writing, an accurate and adequate statement of facts, identifying the pests and/or rodents, the magnitude of the infestation, the location of the infestation;and specify all insecticides, pesticides, disinfectants, chemicals, or traps required for the treatment and the number of applications required to eradicate the infestation. D. The Contractor shall obtain prior approval from the Project Manager in the case of receipt of requests for "Special Circumstance" and/or "Additional Services" priOI'to performing any pest and rodent control services. E. The Contractor shall perform any/all "Warranty" services at no charge; as it is defined as a reapplication within thirty (30) days of the previously scheduled treatment /application. F. Upon the Contractor's receipt of the Project Manager's written approval, the Contractor shall be required to apply treatment to all approved specified vehicles, structures, offices, facilities, properties, and/or buildings within twenty-four (24) hours of notification of approval; this includes any/all "Warranty" services. 3.2.4 Safety and Convenience AGY-18-004-MT MTA Pest and RodentControl Page I 21 MDG-18-0397-A-000107 A. The application of the treatment process shall not present any objectionable odors/fumes, health hazards, and/or discomfort to the lives and/or well-being ofMTA employees, customers, or visitors. B. All insecticides, pesticides, disinfectants, chemicals, or traps used on vehicles or used in MTA structures or building shall not be harmful or cause any damages to the vehicles, strnctures, or building itself. This includes flooring, paneling, wall coverings, carpeting, wiring, furniture, etc. C. BUS: The application of the treatment process shall not require the removal of any bus from service for a period exceeding four hours. D. LIGHT RAIL: The Application of the treatment process shall not require the removal of any rail car from service for a period exceeding four hours. E. METRO: The application of the treatment process shall not require the removal of any rail car from service for a period exceeding two hours. F. MARC TRAIN SERVICE: The application of the treatment process shall not require any facilities, offices, and buildings to be closed or shut down from service for a period exceeding one hour. G. Services shall be provided to the facilities, offices, buildings, and structures du.ring the hours as specified in Section 3.2.5. 1. Treatments applied in facilities, offices, buildings, and structures may be occupied during the treatment process. 2. If the areas as described above must be vacated during the treatment process, the Contractor shall arrange with the appropriate Mode Managers, or his/her designee, to provide all such services Monday through Friday between the hours of 6:00PM to 6:00AM. H. The Contractor shall ensure that the treatment area can be washed or otherwise cleaned with no detrimental effect to the process twelve (12) hours after the application of the process. I. No objectionable odors/fumes will be present one hour after the application process unless otherwise specified. 3.2.5 Scheduling A. The Contractor shall schedule meetings with the appropriate Mode Managers, or his/her designee, prior to perform any services. B. The Contractor shall provide the appropriate Mode Managers, or his/her designee, with a legible written schedule of work to be performed at the start of each scheduled meeting. C. The Contractor shall report to the appropriate MTA Mode Manager, or his/her designee, prior to and upon completion of all services/repairs performed. D. BUS 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and building during normal business hours, Monday through Friday between the hours of 7:00AM and 2:00PM. 2. Buses- The Contractor shall provide treatments to the buses on Saturday and Sunday between the hours of 2:00AM and 6:00AM. AGY-18-004-MT MTA Pest and RodentControl Page I 22 MDG-18-0397-A-000108 E. METRO RAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during normal business hours, Monday through Friday, 7:00AM to 2:00PM. 2. Rail Cars- The Contractor shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. F. LfGHTRAil, 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during nonnal business hours of Monday through Friday 7:00AM to 2:00PM. 2. Rail Cars-The Contract shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. G. MARC TRAIN 1. Stations- The Contractor shall provide treatments to the facilities, offices, and buildings during normal business hours, Monday through Friday 7:00AM to 2:00PM. 2. Properties- The Contractor shall provide treatments to the grounds and structures during normal business hours, Monday through Friday 7:00AM to 2:00PM. H. The Contractor shall provide treatmentsto all vehicles (Light Rail, METRO, and Bus) on Saturdaysand Sundays during non-business hours between 2:00AM to 10:O0AM. 3.2.6 Pest/Rodent Extennination A. The pest extermination process shall flush all pests as described under "Definitions", from their customary habitats through the application of a long-term residual extermination process employing a pesticide that meets the requirements of the contract. 1. The applications shall employ proven procedures and shall include fast-acting agent designed to kill all insects and pests on contact effectively and in large numbers. 2. The application process shall incorporate the use of one or more killing agents which shall have not less than thirty (30) days residual agent and shall not be of a composition or applicationthat could be diluted and/or eliminatedby routine cleaning. B. The Contractor shall also provide treatment in the areas specified to maintain effective control of the rodent population. C. The Contractor shall provide treatment in all vehicles, offices, buildings, structures, restrooms, storage areas, shops, yards, mechanical rooms,janitorial rooms, equipment rooms, and all areas operated and/or occupied by the MTA. The areas shall include all Bus Divisions, Metro Facilities, Light Rail Facilities, and MARC Station sites, and any other areas operated and/or occupied by MTA, as listed in Section 3.2.18. D. The Contractor shall conduct a scheduledmonthly physical site location inspection accompaniedby the Mode Manager, or his/her designee, of all areas to assure that existing control methods are in place and operating satisfactorily. If dead rodents are discovered during the scheduled monthly physical site location inspection, the Contractor shall ensure the removal and proper disposal of any/all such carcasses. The monthly inspection will emphasize a visual inspectionof areas and/or vehicles known to have any incident of re-infestation. AGY-18-004-MT MTA Pest nnd Rodent Control Pngc 123 MDG-18-0397-A-000109 E. The Contractor shall be available on an "as needed" basis to provide additional pest and rodent control to combat any special circumstance needs as requested by MTA. F. METRO AND LIGHT RAIL FACILITIES-The Contractor shall provide rodent baiting in all Metro and Light Rail facilities inclusive of restrooms, janitorial rooms, chiller rooms, mechanical rooms, dumpsters, grounds, tunnels, trash areas, equipment rooms, and any/all other areas as specified by MT A. G. BUS DIVISIONS- Toe Contractor shall provide rodent baiting in all bus divisions inclusive of shops, restrooms,janitorial rooms, showers, mechanical rooms, equipment rooms, bus bay, fuel stands, and any/all areas as specified by MT A. H. MARC STATIONS- The Contractor shall provide rodent baiting at all MARC stations as specified by MT A. I. The Contractor shall inspect and maintain bait traps during each regularly scheduled monthly inspection. 3.2.7 Application Intervals A. BUS DIVISIONS, METRO FACILITIES, LIGHT RAIL FACILITIES, AND MARC STATIONS: Toe Contractor shall apply the initial treatments/applications to all stations, facilities and structures within thirty (30) days from the date of Notice to Proceed. Thereafter, the Contractor shall provide treatments/applications as described herein. 1. Bus Divisions- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations buildings, facilities, buses, and structures twelve (12) times per year. 2. Light Rail & METRO Facilities- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations, buildings, structures, and rail cars twelve (12) times per year. 3. MARC Stations-The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations twelve (12) times per year. B. The Contractor shall provide the prescribed treatment as follows: 1. All buses shall receive fwnigation (fogging) no less than ONCE per year. 2. All vehicles identified for treatment and the buildings and/or structures residing at the same address/location must be treated within seven days of the other to prevent re-infestation from one area to another. 3. All indoor bus bay facilities must be treated whenever vehicles are treated at the intended address/location. 3.2.8 Invoices A. Toe Contractor shall submit separate invoices properly and adequately identifying the treatments and chemicals used for any/all services performed within the scope of work and application process terms and conditions. Invoices shall be identi£ed as to the location, type of vehicle, vehicle number, and street address (if applicable) to the building and/or structure of work perfonned. 1. Multiple vehicles on one invoice will be acceptable provided all vehicles are from the same location. 2. All invoices must be accompanied by fully executed "check-off sheets" and "work orders". AGY-18-004-MT MTA Pest and Rodent Control Page 124 MDG-18-0397-A-000110 3. "Check-off sheets" and "work orders" will be made availableat each facility. 4. Any/all warranty services performed at no charge shall be invoicesas well and clearly marked "No Charge-Warranty". Warranty invoices shall also identify vehicles, buildings/structures/locations,etc. Warranty work is defined as any required re-applicationwithin thirty (30) days of the previous application. B. The Contractor shall submit an accurate, detailed, and completed (accompaniedby all required support documentation)invoice for all services rendered no later than fifteen (15) days after the completion of services. C. The Contractor shall submit invoices as follows: Maryland Transit Administration (MTA) Attention: Richard Simmons, Manager, Facilities MaintenanceBus Operations Support, Building #1, Office #1501B 1515 WashingtonBoulevard Baltimore, MD 21230 3.2.9 Vehicle Detailed Locations and Quantities A. Vehicle Types and Quantities 1. Maximum of fifty- three (53) Two-Pack Light Rail Cars and Support Vehicles 2. Maximum of ninety-eight (98) Metro Rail Cars and SupportVehicles 3. Maximum of seven hundred sixty- three (763) Buses-Transit Coaches B. The Contractor shall submit a bus/train/rail car number sheet with each invoice to show the number of buses/trains/railcars that were treated. C. The Contractor shall ensure that all "Busffrain/Rail Car Number Sheets" are signed by an authorized MTA representative,and 1. The MTA's representative's first and last names are legible (printed and signed). 2. The Contractor will not receive payment for any/all services rendered without the proper support documents "Busffrain/Rail Car Number Sheet" as requestedabove, Section 3.2.10.B. D. The Contractor shall indicate the actual bus/trail/rail car that was treated by placing a check mark beside every bus/train/rail car number on the "Bus/Train/Rail Cal' Number Sheets" that received treatment and the date treated E. The Contractor shall leave a copy of the bus/train number sheet with a MTA Representativefor their records. 3.2.10 Working Conditions A. The Contractor's actions shall not interfore MTA operations or the movement of any transit vehicles. B. MTA has a ZERO Tolerance cell phone policy. Except in approveddesignated areas, MTA employees and Contractors are prohibited from using cell phones on MTA property. Any Contractor's employee violating MTA's cell phone policy, may be considered as unsuitable personnel (Section 3.2.14). AGY-18-004-MT MTA Pest and RodentControl Page 125 MDG-18-0397-A-000111 C. Parking is limited, only the Contractor's service vehicle will be allowed on MTA property. No Contractor's employees are permitted to park vehicles on MT A property. D. The Contractor's and subcontractor's vehicles must be outfitted with decals with the Contractors, company name and logo. E. The Contractor's employees shall wear uniforms showing the employee's name and company name. The Contractor's employees shall also wear safety shoes and all other Personal Protective Equipment (PPE) to include, but not limited to, a safety vest. All PPE must meet the appropriate ANSI standard. A Class II ANSI safety vest (or apparel) is MTA's minimum requirement. 3.2.11 Mileage The Contractor nor, any of its employees, shall be reimbursed for any mileage for transportation to and /or from any MTA facilities, offices, buildings, and structures for scheduled or unscheduled services. 3.2.12 Building/Security Procedures and Restrictions A. The Contractor shall provide MTA an updated "Employees List" reflecting any/all employees designated to work at any/all MT A properties, facilities, offices, buildings, and structures. B. The Contractor shall ensure that the "Employees List" provided to MT A is current at all times. C. The Contractor and his/her employees shall comply with all security measures required by MTA. D. The Contractor and his/her employees shall display the appropriate Contractor's identification badge when entering upon any/all MT A properties, facilities, offices, buildings, and structures in the performance of any/all services. 3.2.13 Suitable Personnel A. At the sole discretion of the MT A, the Contractor will immediately remove any person from the site that is considered by the Project Manager as unsuitable. B. Any person identified as unsuitable may not be utilized at any MTA location under this Contract. C. Violations of the MT A safety policies, cell phone policy, disruptive actions, theft, dishonesty, or failure to work while on the time clock are some examples to declare a person unsuitable. 3.2.14 Environmental Compliance The Contractor shall maintain a clean working environment and prevent the release of any chemicals, oils, degreasers, lubricants, etc. The Contractor shall provide proper disposal of all discard materials, parts, equipment, etc. 3.2.15 Safety Data Sheets No chemicals (degreasers, detergents, aerosols, solvents, etc.) may be used on MTA properties and/or vehicles without the prior approval of the MT A Project Manager. The Contractor shall submit Safety Data Sheets (SOS) for any/all chemicals (degreasers, aerosols, detergents, solvents, etc.) intended to be used in the treatments of, to the Project Manager prior to use on any/all MTA properties and/or vehicles. Each MTA Mode Manager, and his/her designee, shall maintain and have readily available a copy of all MTA Office of Safety "approved" SOS at the addresses as first describe in Section 3.2.9, for Mode Managers' easy review and retrieval. AGY-18-004-MT MTA Pest and RodentControl Pngel 26 MDG-18-0397-A-000112 3.2.16 Property Locations A. Bus Divisions: 1. MTA Bush Division 1515 WashingtonBlvd. Baltimore, MD 21230 Phone: (410) 454-7160 2. MTA Eastern Division 201 South Oldham St. Baltimore, MD 21224 Phone: (410) 454-7677 3. MTA Kirk Division 2226 Kirk Ave. Baltimore, MD 21218 Phone: (410) 4545-7560 4. MTA Northwest Division 4401 Mount Hope Dr. Baltimore, MD 21215 Phone: (410) 454-7428 s. MTA Mobility Special Services 1515 WashingtonBlvd. Baltimore, MD 21230 Phone: (410) 468-4784 B. Metro Rail Facilities 1. Operations Control Center (OCC) 301 North Eutaw St. Baltimore, MD 21201 Phone: (410) 454-7711 2. Wabash Rail Shop 5801 Wabash Ave. Baltimore, MD 21215 Phone: (410) 454-7352 3. Systems Maintenance 5801 WabashAve. Baltimore, MD 21215 Phone: (410) 454-7405 4. Metro Fare Collection& Facility Maintenance 6000 Metro Dr. Baltimore, MD 21215 Phone: (410) 454-7940 THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest 11ndRodent Control Page I 27 MDG-18-0397-A-000113 5. Old Court Facilities Maintenance 4380 Old Court Rd. Pikesville, MD 21208 Phone: (410) 454-1821 C. Light Rail Facilities 1. Light Rail- North Ave. 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7517 2. Light Rail- Trailers 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7616 3. Light Rail- Cromwell 7390 Baltimore Annapolis Blvd. Glen Burnie, MD 21061 Phone: (410) 766-7512 or(410) 454-7617 D. MARCTrain Stations 1. Aberdeen 18 E. Bel Air Ave. @ US Rte. 40East Aberdeen, MD 21001 2. BWI Thurgood Marshall Airport Amtrak Way Linthicum, MD 21240 3. Edgewood 2127 Old Edgewood Rd. Edgewood, MD 21040 4. Halethorpe 5833 Southwestern Blvd. Baltimore, MD 21227 5. Odenton 1400 Odenton Rd. Odenton, MD 21113 6. Perryville 650 Broad St. Baltimore, MD 21903 7. Martin Airport 2710 Eastern Blvd. Middle River, MD 21220 THE REMAINDEROF TIDS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and RodentControl Pagcl28 MDG-18-0397-A-000114 j 3.3 3.3.1 I3.4 Security Requirements Employee Identification (a) Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on State premises. Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification. (b) At all times at any facility, the Contractor's personnel shall cooperate with State site requirements that include but are not limited to being prepared to be escorted at all times, providing information for badge issuance, and wearing the badge in a visible location at all times. Insurance Requirements 3.4.1 The Contractor shall maintain Gommc;rcialGeneral Liability Insurance to cover losses resulting from, or arising out-of, Contractor action oiinactioh in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors, with a limit of $5,000,000 per occurrence and $2,000,000 aggregate. 3.4.2 The Contractor shall maintain Automobile and/or Commercial Truck Insurance as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle{s) is registered, but in no case less than those required by the State of Maryland. 3.4.3 The Contractor shall maintain Crime Insurance to cover employee theft with minimum single loss limit of $1,000,000 per loss, and a single loss retention not to exceed $10,000. 3.4.5 Within five Business Days ofrecommendation for Contract award, and before any work begins, the Contractor shall provide the Procurement Officer with current certificates of insurance, and shall update such certificates periodically, but no less than annually in multi-year contracts, as directed by the Contract Monitor. Such copy of the Contractor's current certificate of insurance shall contain at minimum the following: a. Workers' Compensation-The Contractor shall maintain such insurance as necessary and/or as required under Workers' Compensation Acts, the Longshore and Harbor Workers' Compensation Act, and the Federal Employers' Liability Act. b. Commercial General Liability as required in Section 3.4.1. c. Automobile and/or Commercial Truck Insurance as required in Section 3.4.2. d. Crime Insurance as required in Section 3.4.3. 3.4.6 The "State of Maryland, its officers, employees and agents" shall be listed as an additional insured on any Commercial General Liability, Auto Liability, ProfessionaVCyber Liability, and excess liability or umbrella policies with the exception of Worker's Compensation Insurance, which is currently handled by the Chesapeake Employer's Insurance Company (formerly Injured Worker's Insurance Fund). All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 30 days' advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least 15 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies. AGY-18-004-MT MTA Pest and Rodent Control I•agc I 29 MDG-18-0397-A-000115 3.4.7 \ 3.5 3.5.1 The Contractor shall require that any subcontractors providing primary services (as opposed to non-critical, ancillary services) under this Contract obtain and maintain the same levels of insurance and shall provide the Contract Monitor with the same documentation as is required of the Contractor. Problem Escalation Procedure The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the perfonnance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes. The Contractor shall provide contact infonnation to the Contract Monitor, as well as to other State personnel, as directed should the Contract Monitor not be available. 3 .5 .2 The Contractor must provide the PEP no later than ten ( 10) Business Days after Contract Commencement. The PEP, including any revisions thereto, must also be provided within ten ( 10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include: • • • • • • • The process for establishing the existence of a problem; Names, titles, and contact information for progressively higher levels of personnel in the Contractor's organization who would become involved in resolving a problem; For each individual listed in the Contractor's PEP, the maximum amount oftime a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor's PEP; Expedited escalation procedures and any circumstances that would trigger expedited escalation procedures; The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State; Contact infonnation for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays, etc.) and on an emergency basis; and A process for updating and notifying the Contract Monitor of any changes to the PEP. Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law. I3.6 3.6.l Invoicing General (a) All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor. All invoices shall include the following infom1ation: • • • • • AGY-18-004-MT Contractor name and address; Remittance address; Federal taxpayer identification number (or if sole proprietorship , the individual's social security number); Invoice period (i.e. time period during which services covered by invoice were performed); Invoice date; MTA Pest and Rodent Control Pngcj30 MDG-18-0397-A-000116 • • • • • Invoice number; State assigned Contract number; State assigned (Blanket) Purchase Order number(s); Goods or services provided; and Amount due. Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required infonnation. (b) 3.6.2 The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the tenns and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Also see the "Living Wage" provision of the Contract, if applicable, which allows for withholding of payment under certain circumstances. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article§§ 15-215 through 15-223 and with COMAR21.10.02. Invoice Submission Schedule The Contractor shall submit an accurate, detailed, and complete (accompanied by all required support documentation) invoice for all services rendered no later than fifteen (15) days after the completion of services. 13.7 End of Contract Transition The Contractor shall cooperate in the orderly transition of services from the Contract awarded under this solicitation to any subsequent contract for similar services. The transition period shall begin ninety (90) days before the Contract end date, or the end date of any final exercised option or contract extension. The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of Contract . TIIE REMAINDER OF TIDS PAGE IS INTENTIONALLY LEFT BLANK AGY-18-004-MT MTA Pest and Rodent Control Page I 31 MDG-18-0397-A-000117 SECTION 4- BID FORMAT I4.1 One Part Submission Bidders shall submit with their Bid all Minimum Qualification documentation required (see Section 2), and all Required Bid Submissions (see Section 4.4) in a single sealed package/envelope. 14.2 Labeling Each Bidder is required to label the sealed Bid. The Bid shall bear the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids. 14.3 Bid Price Form The Bid shall contain all price infonnation in the fonnat specified on the Bid Form (AttachmentE). Complete the Bid Fann only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Fonn. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department. 14.4 Required Bid Submissions Bidders shall include the following with their Bid: 4.4.1 TransmittalLetter: A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid and acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the services and requirements as stated in this IFB. The Transmittal Letter should include the following: • • • • • • • • • Name and address of the Bidder; Name, title, e-mail address, and telephone number of primary contact for the Bidder; Solicitation Title and Solicitation Number that the Bid is in response to; Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid; Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual's Social Security Number (SSN); Bidder's eMM number; Bidder's MBE certification number (if applicable); Acceptance of all State IFB and Contract terms and conditions (see Section 1.24); and Acknowledgement of all addenda to this IFB. Any infonnation which is claimed to be confidential is to be noted by reference and included after the Transmittal Letter. An explanation for each claim of confidentiality shall be included (see Section 1.14 "Confidentiality of Bids"). AGY-18-004-MT MTA Pest and Rodent Control Page 132 MDG-18-0397-A-000118 In addition, the Transmittal Letter shall indicate whether the Bidder is the subsidiary of another entity, ond if so, whether all information submitted by the Bidder pertains exclusively to the Bidder. If not, the subsidiary Bidder shall include a guarantee ofperfonnance from its parent organization as part of its Executive Summary (see RFP Section 1.22 for more information). 4.4 .2 Minimum Qualifications Documentation: The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 2 "Bidder Minimum Qualifications." 4.4.3 Completed Required Attachments: Submit three (3) copies of each with original signatures: a. b. c. 4.4.4 Additional Documents *If Required: Submit three (3) copies of each with original signatures, if required. * See .appropriate IFB Section to detennine whether the document is required for this procurement: a. b. 4.4 .5 Completed Bid Fonn (Attachment E). Completed Bid/Proposal Affidavit (Attachment B). Completed Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1). A Signed Statement from the Bidder's Parent Organization Guaranteeing Performance of the Bidder. *see Section 1.22 Completed Conflict of Interest Affidavit and Disclosure (Attachment G) *see Section 1.36. References: At least three references are requested from customers who are capable of documenting the Bidder's ability to provide the services specified in this IFB. References used to meet any Bidder Minimum Qualifications (see Section 2) may be used to meet this request. Each reference shall be from a client for whom the Bidder has provided services within the past five years and shall include the following information: a. b. c. Name of client organization; Name, title, telephone number, and e-mail address , if available, of point of contact for client organization; and Value, type, duration, and description of services provided. The Department reserves the right to request additional references or utilize references not provided by a Bidder. 4.4.6 List of Current or Prior State Contracts: Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing services or for which services have been completed within the last five years. For each identified contract, the Bidder is to provide: a. b. c. d. e. f. The State contracting entity; A brief description of the services/goods provided; The dollar value of the contract; The term of the contract; The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and Whether the contract was tenninated before the end of the term specified in the original contract, including whether any available renewal option was not exercised. AGY-18-004-MT MTA Pest and RodentControl Page 133 MDG-18-0397-A-000119 Information obtained regarding the Bidder's level of performance on State contracts will be considered as part of the responsibility detennination by the Procurement Officer. 4.4.7 Certificate of Insurance: The Bidder shall provide a copy of the Bidder's current certificate of insurance . The recommended awardee must provide a certificate of insurance with the prescribed limits set forth in Section 3.4 "Insurance Requirements," naming the State as an additional insured if required, within five Business Days from notification by the Procurement Officer that the Bidder has been determined to be the apparent awardee. 4.4.8 Subcontractors: The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder receives an award, including those utilized in meeting the MBE and/or VSBE subcontracting goal, if applicable. This list shall include a full description of the duties each subcontractor will perform. 4.4.9 Legal Action Summary: This summary shall include: i. ii. iii. iv. 14.s A statement as to whether there nre any outstanding legal actions or potential claims against the Bidder and a brief description of any action; A brief description of any settled or closed legal actions or claims against the Bidder over the past five years; A description of any judgments against the Bidder within the past five years, including the case name, number court, and what the final ruling or determination was from the court; and In instances where litigation is ongoing and the Bidder has been directed not to disclose information by the court, provide the name of the judge and location of the court. Reciprocal Preference Although Maryland law does not generally authorize procuring units to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. Therefore, COMAR 21.05.01 .04 permits procuring units to apply a reciprocal preference in favor of a Maryland resident business under the following conditions: • • • • The Maryland resident business is a responsible Bidder; The most advantageous Bid is from a responsible Bidder whose principal office or principal operations through which it would provide the services required under this IFB is in another state; The other state gives a preference to its resident businesses through law, policy, or practice; and The Maryland resident preference does not conflict with a federal law or grant affecting the procurement Contract. The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses. !4.6 · Delivery Bidders may either mail or hand-deliver Bids . AGY-18-004-MT MTA Pest nnd Rodent Control Page I 34 MDG-18-0397-A-000120 4.6.1 For U.S. Postal Service deliveries, any bid that has been received at the appropriate mail room, or typical place of mail receipt for the respective procuring unit by the time and date listed in the IFB will be deemed to be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Department recommends that it use Express Mail, Priority Mail, or Certified Mail only as these are the only fonns for which both the date and time of receipt can be verified by the Department. It could take several days for an item sent by first class mail to make its way by normal internal mail to the procuring unit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom. 4.6.2 Hand-delivery includes delivery by commercial carrier acting as agent for the Bidder. For any type of direct (non-mail) delivery, a Bidder is advised to secure a dated, signed, and time-stamped (or otherwise indicated) receipt of delivery. I4.7 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendation for Contract Award, the following documents shall be completed and submitted by the recommended awardee within five Business Days, unless noted otherwise. Submit three (3) copies of each with original signatures. a. b. c. d. signed Contract (Attachment A), completed Contract Affidavit (Attachment C), signed Non-Disclosure Agreement (Attachment H), if applicable; *see Section 1.37, and copy of a Certificate of Insurance with the prescribed limits set forth in Section 3.4 "Insurance Requirements," listing the State as an additional insured, if applicable; *see Section 3.4. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest nnd Rodent Control Page 135 MDG-18-0397-A-000121 IFBATTACHMENTS ATTACHMENT A-Contract This is the sample contract used by the Department. It is provided with the IFB for informational purposes and is not required to be submitted at Bid submission time. Upon notification ofrecommendation for award, a completed contract will be sent to the recommended awardee for signature. The recommended awardee must return to the Procurement Officer three executed copies of the Contract within five Business Days after receipt. Upon Contract award, a fully-executed copy will be sent to the Contractor. ATTACHMENT B - Bid/Proposal Affidavit This Attachment must be completed and submitted with the Bid. ATTACHMENT C - Contract Affidavit This Attachment must be completed and submitted by the recommended awardee to the Procurement Officer within five Business Days ofreceiving notification ofrecommendation for award. ATTACHMENT D - Pre-Bid Conference Response Form It is requested that this form be completed and submitted as described in Section 1.7 by those potential Bidders that plan on attending the Pre-Bid Conference. ATTACHMENT E - Bid Form Instructions and Bid Fo1·m The Bid Form must be completed and submitted with the Bid. ATTACHMENT F - Conflict of Interest Affidavit and Disclosure If required (see Section 1.36), this Attachment must be completed and submitted with the Bid. ATTACHMENT G- Non~Disclosul'e Agreement If required (see Section 1.37), this Attachment must be completed and submitted within five Business Days of receiving notification ofrecommendation for award. However, to expedite processing, it is suggested that this do.cument be completed and submitted with the Bid. AGY-18-004-MT MTA Pest nod RodentControl Pngel36 MDG-18-0397-A-000122 ATTACHMENT A- CONTRACT MTA PEST AND RODENT CONTROL THIS CONTRACT (the "Contract") is made this ("Xth" ) day of (month), (year) by and between (Contractor's name) and the STATE OF MARYLAND, acting through the Maryland Transit Administration (MTA), In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of which is duly acknowledged by the parties, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated: 1.1 "Bid" means the Contractor's Bid dated (Bid date). 1.2 "COMAR" means Code of Maryland Regulations. 1.3 "Contract" means this agreement between (Contractor's name) and the State of Maryland, acting through the Maryland Transit Administration (MT A). 1.4 "Contract Monitor" means the Department employee identified in Section 1.6 of the IFB as the Contract Monitor. 1.5 "Contractor" means (Contractor's name) whose principal business address is (Contractor's primary address) and whose principal office in Maryland is (Contractor's local address). 1.6 "Department" means the Maryland Transit Administration (MT A). 1.7 "IFB" means the Invitation for Bids for MTA Pest and Rodent Control Solicitation# AGY-18-004-MT, and any addenda thereto issued in writing by the State. 1.8 "Procurement Officer" means the Department employee identified in Section 1.5 of the IFB as the Procurement Officer. 1.9 "State" means the State of Maryland. 2. Scope of Contract 2.1 The Contractor shall provide deliverables, programs, goods, and services specific to the Contract for pest and rodent control in the various buildings, offices, and vehicles within MTA awarded in accordance with Exhibits A-C listed in this section and incorporated as part of this Contract. If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall detennine the prevailing provision: Exhibit A - The IFB Exhibit B- State Contract Affidavit, executed by the Contractor and dated (date of Attachment C) Exhibit C - The Bid 2.2 The Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the Contract or the IFB. No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or AGY-18-004-MT MTA Pest nnd Rodent Control Pagel37 MDG-18-0397-A-000123 decrease in the Contractor's cost of, or the time required for, the perfonnance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment tmder this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 2.3 While the Procurement Officer may, at any time, by written change order, make unilateral changes in the work within the general scope of the Contract as provided in Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided; (a) the modification is made in writing; (b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained. 3, Period of Performance. 3.1 The term of this Contract begins on the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. The Contractor shall provide services under this Contract as of the Go-Live date contained~t e written Notice to Proceed. From this Go-Live date, the Contract shall be for a period of approximatel)I five ears beginning (anticipated Contract start date) and ending on (anticipated end date of base term of Co ract). 3.2 Audit, confidentiality, docwnent retention, and indemnification obligations under this Contract shall survive expiration or termination of the Contract. 4. Consideration and Payment 4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the Department shall pay the Contractor in accordance with the tenns of this Contract and at the prices quoted in the Financial Proposal. 4.2 Payments to the Contractor shall be made no later than thirty (30) days after the Department's receipt of a proper invoice for services provided by the Contractor, acceptance by the Department of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services rendered must include the Contractor's Federal Tax Identification or Social Security Number for a Contractor who is an individual which is (Contractor's FEIN or SSN). Charges for late payment of invoices other than as prescribed at Md. Code Ann ., State Finance and Procurement Article, § 15-104are prohibited. Invoices shall be submitted to the Contract Monitor. Electronic funds transfer shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due Contractor unless the State Comptroller's Office grants Contractor an exemption. 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4.4 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract. 4.5 Contractor's eMarylandMarketplace vendor ID number is (Contracto1·'s eMM number). AGY-18-004-MT MTA Pest and RodentControl Pngel 38 MDG-18-0397-A-000124 5. Rights to Records 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of the State and shall be available to the State at any time. The State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifica11yprovided by this Contract. 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this Contract, and services performed under this Contract shall be "works made for hire" as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will cooperate reasonably with the State in effectuating and registering any necessary assignments. 5.3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract. 5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 5.5 Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6. Exclusive Use 6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, infonnation, documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the Contractor in connection with this Contract. lf any material, including software, is capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright material connected with this project only with the express written approval of the State. 6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other information or material provided to Contractor by the Department or developed by Contractor relating to the Contract, except that Contractor may provide said information to any of its officers, employees and subcontractors who Contractor requires to have said infonnation for fulfillment of Contractor's obligations hereunder. Each officer, employee and/or subcontractor to whom any of the Department's confidential information is to be disclosed shall be advised by Contractor of and bound by confidentiality and intellectual property terms substantively equivalent to those of this Contract. 7. Patents, Copyrights,and Intellectual Property 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to pet1nit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service mark, copyright, or trade secret. lfa third party claims that a product infringes that party's patent, trademark, service mark, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor's expense and will pay all damages, costs, and attorneys' fees that a court finally awards, provided the State: (a) promptly AGY-18-004-MT MTA Pest nnd Rodent Control Pngej39 MDG-18-0397-A-000125 notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item's specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item. 8. Confidential or Proprietary Information and Documentation 8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without limitation, HIPAA, the HI-TECH ACT, and the Maryland Medical Records Act and the implementation ofregulations promulgated pursuant thereto, all confidential or proprietary information and documentation relating to either party (including without limitation, any information or data stored within the Contractor's computer systems) shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose relevant confidential information to its officers, agents, and employees to the extent that such disclosure is · necessary for the performance of their duties under this Contract, provided that the data may be collected, used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of this section shall not apply to information that: (a) is lawfully in the public domain; (b) has been independently developed by the other paity without violation of this Contract; (c) was already in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) which such party is required to disclose by law. 8.2 This Section 8 shall survive expiration or termination of this Contract. 9. Loss of Data In the event of loss of any State data or records where such loss is due to the intentional act or omission or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Contract Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor. Contractor shall use its best efforts to assure that at no time shall any actions undertaken by the Contractor under this Contract (or any failures to act when Contractor bas a duty to act) damage or create any vulnerabilities in data bases, systems, platforms, and/or applications with which the Contractor is working hereunder. 10. Indemnification 10.1 The Contractor shall hold hannless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys' fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperfonnance of the Contractor or its subcontractors under this Contract. I 0.2 This indemnification clause shall not be construed to mean that the Contractor shall indemnify the State against liability for any losses, damages, claims, suits, actions, liabilities, and/or expenses that are attributable to the sole negligence of the State or the State's employees . 10.3 The State has no obligation to provide legal counsel or defense to the Contractor or its subcontractors in the event that a suit, claim, or action of any character is brought by any person not party to this Contract against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. AGY-18-004-MT MTA Pest nndRodentControl Pnge l 40 MDG-18-0397-A-000126 10.4 The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. 10.5 The Contractor shall immediately notify the Procurement Officer of any claim or suit made or :filed against the Contractor or its subcontractors regarding any matter resulting from, or relating to, the Contractor's obligations under the Contract, and will cooperate, assist, and consult with the State in the defense or investigation of any claim, suit, or action made or filed against the State as a result of, or relating to, the Contractor's pe1formance 1mder this Contract. 10.6 This Section 10 shall survive termination of this Contract. 11. Non-Hiring of Employees No official or employee of the State, as defined under Md. Code Ann., General Provisions Article,§ 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and tenn of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract. 12. Disputes This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution ofa claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 13. Maryland Law 13.l This Contract shall be construed, interpreted, and enforced according to the laws of the State ofMaryland. 13.2 The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland), does not apply to this Contract or to any purchase order or Notice to Proceed issued under this Contract, or any software, or any software license required hereunder. 13.3 Any and all references to the Maryland Code, Annotated contained in this Contract shall be construed to refer to such Code sections as are from time to time amended. 14. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because ofrace, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry, genetic infonnation, or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the perfonnance of the employment, or the individual's refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 15. Contingent Fee Prohibition AGY-18-004-MT MTA Pest and Rodent Control Page 141 MDG-18-0397-A-000127 The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract. 16. Non-availability of Funding If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued perfonnance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State's rights or the Contractor's rights under any tennination clause in this Contract. The effect oftennination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 17. Termination for Cause If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State's option, become the State's property. The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages. Tennination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01. l lB. 18. Termination for Convenience The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract; provided, however, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination . Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.0l.12A(2). 19. Delays and Extensions of Time The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays, interruptions, interferences, or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise 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 public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the perfonnance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of AGY-18-004-MT MTA Pest and Rodent Control Page I 42 MDG-18-0397-A-000128 subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers. 20. Suspension of Work The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its perfonnance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State. 21. Pre-Existing Regulations In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract. 22. Financial Disclosure The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain specified information to include disclosure of beneficial ownership of the business. 23. Political Contribution Disclosure The Contractor shall comply with Md. Code Ann., Election Law Article, Title 14, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall, file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b} if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) Febrnary 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. Additional infonnation is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.html. 24. Documents Retention and Inspection Clause The Contractor and subcontractors shall retain and maintain all records and documents relating to this Contract for a period of five years after final payment by the State hereunder or any applicable statute of limitations or federal retention requirements (such as HIPAA), whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. All records related in any way to the Contract are to be retained for the entire time provided under this section. In the event of any audit, the Contractor shall provide assistance to the State, without additional compensation, to identify, investigate, and reconcile any audit discrepancies and/or variances. This Section 24 shall survive expiration or termination of the Contract. 25. Right to Audit 25.1 The State reserves the right, at its sole discretion and at any time, to perform an audit of the Contractor's AGY-18-004-MT MTA l'est and Rodent Control Page J 43 MDG-18-0397-A-000129 and/or subcontractor's performance under this Contract. An audit is defined as a planned and documented independent activity perfonned by qualified personnel including but not limited to State and federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor's compliance with the Contract, including but not limited to adequacy and compliance with established procedures and internal controls over the Contract services being perfonned for the State. 25.2 Upon three (3) Business Days' notice, the Contractor and/or any subcontractors shall provide the State reasonable access to their respective records to verify conformance to the tenns of the Contract. The Department may conduct these audits with any or all of its own intemal resources or by securing the services of a third party accounting or audit firm, solely at the Department's election. The Department may copy, at its own expense, any record related to the services performed and provided under this Contract. 25.3 The right to audit shall include any of the Contractor's subcontractors including but not limited to any lower tier subcontractor(s) that provide essential support to the Contract services. The Contractor and/or subcontractor(s) shall ensure the Department has the right to audit such subcontractor(s). 25.4 The Contractor and/or subcontractors shall cooperate with Department and Department's designated accountant or auditor and shall provide the necessary assistance for the Department or Depa1tment's designated accountant or auditor to conduct the audit. 25.5 This Section shall survive expiration or tennination of the Contract. 26. Compliance with Laws The Contractor hereby represents and warrants that; 26.1 It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; 26.2 It is not in arrears with respect to the payment of any monies due and owing the State, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the tenn of this Contract; 26.3 It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and 26.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. 27. Cost nnd Price Certification By submitting cost or price information, the Contractor certifies to the best of its knowledge that the information submitted is accurate, complete, and current as of the date of its Bid/Proposal. The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price infonnation which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not current. AGY-18-004-MT MTA Pest nnd RodentControl Pnge 144 MDG-18-0397-A-000130 28. Subcontracting; Assignment The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the Procurement Officer provided, however, that a Contractor may assign monies receivable under a contract after due notice to the State. Any subcontracts shall include such language ns may be required in various clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered. The State shall not be responsible for fulfillment of the Contractor's obligations to its subcontractors. 29. Liability For breach of this Contract, negligence, misrepresentation, or any other contract or tort claim, Contractor shall be liable as follows: 29 .1 For infringement of patents, copyrights, trademarks, service marks, and/or trade secrets, as provided in Section 7 of this Contract; 29.2 Without limitation for damages for bodily injury (including death) and damage to real property and tangible personal property; and 29.3 For all other claims, damages, losses, costs, expenses, suits, or actions in any way related to this Contract, regardless of the form Contractor's liability for third party claims arising under Section 10 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 10. 30. Commercial Nondiscrimination 30. l As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described at Md. Code Ann., State Finance and Procurement Article, Title 19. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability or other unlawful fonns of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. 30.2 The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause approved by the Department, in all subcontracts. 30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Md. Code Ann., State Finance and Procurement Article, Title 19, as amended from time to time, Contractor agrees to provide within sixty (60) days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial AGY-18-004-MT MTA Pest and RodentControl 1•ngeI45 MDG-18-0397-A-000131 Nondiscrimination Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may res1.1ltin contract tennination, disqualification by the State from participating in State contracts, and other sanctions. 31. Prompt Pay Requirements 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. b. c. d. e. 31.2 An "undisputed amount" means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such "undisputed amounts" include, without limitation: a. b. 31.3 Not process further payments to the contractor until payment to the subcontractor is verified; Suspend all or some of the contract work without affecting the completion date(s) for the contract work; Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; Place a payment for an undisputed amount in an interest-bearing escrow account; or Take other or further actions as appropriate to resolve the withheld payment. Retainage which had been withheld and is, by the terms of the Contract between the Contractor and subcontractor, due to be distributed to the subcontractor; and An amount withheld because of issues arising out of a Contract or occurrence unrelated to the Contract under which the amount is withheld An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. b. c. Affect the rights of the contracting parties under any other provision oflaw; Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or Result in liability against or prejudice the rights of the Department. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise (MBE) program. 31.5 To ensure compliance with certified MBE subcontract participation goals, the Department may, consistent with COMAR 21.11.03.13, take the following measures: a. b. c. Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation as set forth in the MBE participation schedule. This verification may include, as appropriate: 1. Inspecting any relevant records of the Contractor; ii. Inspecting the jobsite; and iii. Interviewing subcontractors and workers. iv. Verification shall include a review of: (a) The Contractor's monthly repo11 listing unpaid invoices over thirty (30) days old from certified MBE subcontractors and the reason for nonpayment; and (b) The monthly report of each certified MBE subcontractor, which lists payments received from the Contractor in the preceding thirty (30) days and invoices for which the subcontractor has not been paid. If the Department determines that the Contractor is not in compliance with certified MBE participation goals, then the Department will notify the Contractor in writing of its findings, and will require the AGY-18-004-MT MTA Pest and Rodent Control Page 146 MDG-18-0397-A-000132 d. e. 32. Contractor to take appropriate corrective action. Corrective nction may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule. If the Department determines that the Contractor is in material noncompliance with MBE contract provisions and refuses or fails to take the corrective action that the Department requires, then the Department may: i. Tenninate the contract; ii. Refer the matter to the Office of the Attorney General for appropriate action; or iii. Initiate any other specific remedy identified by the contract, including the contractual remedies required by any applicable laws, regulations, and directives regarding the payment of undisputed amounts. Upon completion of the Contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from, MBE subcontractors. Living Wage If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the agency may withhold payment of any invoice or retainage. The agency may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 33, Variations in Estimated Quantities Unless specifically indicated otherwise in the State's solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the Department does not guarantee a minimum or maximum number of units or usage in the perfonnance of this Contract. 34. Contract Monitor and Procurement Officer The work to be accomplished under this Contract shall be performed under the direction of the Contract Monitor. All matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for determination. 35. Notices All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows: If to the State: Cheryll Brewton Procurement Officer 6 St. Paul Street, 7°1 Floor Baltimore, MD 21202 Phone: 410-767-3446 Email: cbrewton@mta.maryland.gov If to the Contractor: AGY-18-004-MT MTA Pest and Rodent Control Pngel47 MDG-18-0397-A-000133 36. Liquidated Damages 36.1 The Contract requires the Contractor to make good faith effotts to comply with the Minority Business Enterprise ("MBE") Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur economic damages and losses, including, but not limited to, loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and pertinent MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such Jack of compliance are difficult or impossible to ascertain with precision and that liquidated damages represent a fair, reasonable, and appropriate estimation of damages. Upon a detennination by the State that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or pertinent MBE Contract provisions and without the State being required to present any evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the State at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. The Contractor expressly agrees that the State may withhold payment on any invoices as an offset against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed-upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of each violation. 36. l.l Failure to submit each monthly payment report in full compliance with COMAR 21.1 l.03.13B(3): $ (dollar amount) per day until the monthly report is submitted as required. 36.1.2 Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B(4): $(dollar amount) per MBE subcontractor. 36.1.3 Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value ofa contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract. 36.1.4 Failure to meet the Contractor's total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved. 36.1.5 Failure to promptly pay all undisputed amounts to a subcontractor in full compliance with the prompt payment provisions of the Contract: $(dollar amount) per day until the undisputed amount due to the subcontractor is paid. 36.2 Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and to exercise any and all other rights or remedies which may be available under the Contract or which otherwise may be available at law or in equity. 37. Parent Company Guarantee (Corporate name of Contractor's Parent Company) hereby guarantees absolutely the full, prompt, and complete performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connection with this Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractor's Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express AGY-18-004-MT MTA Pest nnd RodentControl Pnge 148 MDG-18-0397-A-000134 written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute subjective discretion. (Corporate name of Contractor's Parent Company) furtl1eragrees that if the State brings any claim, action, suit or proceeding against (Contractor), (Corporate name of Contractor's Parent Company) may be named as a party, in its capacity as Absolute Guarantor. 41. Miscellaneous 41.1 Any provision of this Contract which contemplatesperformance or observance subsequent to any termination or expiration of this Contract shall survive termination or expiration of this Contract and continue in full force and effect. 41.2 If any term contained in this Contract is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such tenn shall be severed from this Contract, and the remaining tenns contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or disturbed thereby. IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth. CONTRACTOR STATE OF MARYLAND MARYLANDTRANSIT ADMINISTRATION By: By: Michael Zimmerman, Director of Procurement Or designee: Date Date Approved for fonn and legal sufficiency this __ day of _____ , 20_ . Assistant Attorney General APPROVED BY BPW: _____ _ (Date) AGY-18-004-MT (BPW Item#) MTA Pest and RodentControl Page j 49 MDG-18-0397-A-000135 ATTACHMENT B-BID/PROPOSAL AFFIDAVIT A. AUTHORITY I hereby affirm that I, ______ (name of affiant) am the ______ (title) and duly authorized representative of ______ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION REGARDING COMMERCIALNONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following infonnation is correct: In preparing its Bid/Proposal on this project, the Bidder/Offerorhas considered all Proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination"as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland: "Discrimination"means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, or on the basis of disability or any otherwise unlawful use of characteristicsregarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination".Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offerer discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State's Commercial NondiscriminationPolicy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2),Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/Proposal and: (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority Proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/Proposal; (3) Fail to use the certified minority business enterprise in the perfonnnnce of the contract; or (4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeroron this project, and terminate any contract awarded based on the Bid/Proposal. B-2. CERTIFICATION REGARDING VETERAN-OWNEDSMALL BUSINESS ENTERPRISES. AGY-18-004-MT MTAPest and RodentCo11trol Page I 50 MDG-18-0397-A-000136 The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the Stale veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not: (1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title; (2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contract; (3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false us to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent ot false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21. 11.12; or (6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of§ B-2(1)-(5) of this regulation. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, infonnation, and belief, the above business (as is defined in Section 16IOI(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) ofperson(s) involved, and their current positions and responsibilities with the business): D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTI-IERAFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Page I SJ MDG-18-0397-A-000137 Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or perfonning contracts with public bodies, has: (1) Been convicted under state or federal statute of: (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsjfication or destruction ofrecords or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law,§ 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of§ 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)-(5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the Commercial NondiscriminationPolicy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) §7201, Attempt to Evade or Defeat Tax; (b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information, (d) §7205, Fraud and False Statements, or (e) §7207, Fraudulent Returns, Statements, or Other Documents; (IO) Been convicted of a violation of 18 U.S.C. §286, Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States; (11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland; AGY-18-004-MT MTA Pest and Rodent Control Pagel52 MDG-18-0397-A-000138 ( 12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (14) Been found to have willfi.tllyor knowingly violated the Labor nnd Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; or (15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(l)-(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the narne(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debannent): AGY-18-004-MT MTA Pest and RodentControl Pnge 153 MDG-18-0397-A-000139 E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, infonnation, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or perfonning contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the 'details of each person's involvement in any activity that fonned the grounds of the debarment or suspension). F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENT ITIES l FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application ofor defeat the purpose of debarment pursuantto Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification): G. SUBCONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy lrnowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. AGY-18-004-MT MTA Pest and Rodent Control Pnge I 54 MDG-18-0397-A-000140 H. AFFIRMATIONREGARDINGCOLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/Proposal that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/Proposalprice of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanyingBid/Proposal is submitted. I. CERTIFICATIONOF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the busines·s has paid, or has arranged for payment of, all trucesdue the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation,as applicable, and will have paid all withholding trucesdue the State of Maryland prior to final settlement. J. CONTINGENTFEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation,or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee,bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other considerationcontingent on the making of the Contract. K. CERTIFICATIONREGARDINGINVESTMENTS IN IRAN (1) The undersigned certifies that, in accordance with State Finance and ProcurementArticle, § 17-705,Annotated Code of Maryland: (a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, § 17-702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and ProcurementArticle, § 17-702, Annotated Code of Maryland. 2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities:__ _____ _ _____ ____ __ ____ _ L. CONFLICTMINERALS ORIGINATEDIN THE DEMOCRATICREPUBLIC OF CONGO (FOR SUPPLIES AND SERVICESCONTRACTS) I FURTHER AFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Pngc Iss MDG-18-0397-A-000141 The business has complied with the provisions of State Finance and Procurement Article, § 14-413, Annotated Code of Maryland governing proper disclosure of certain infonnation regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries ns required by federal law. M. I FURTHER AFFIRM THAT: Any claims of environmental attributes made relating to a product or service included in the Bid or Proposal are consistent with the Federal Trade Commission's Guides for the Use of Environmental Marketing Claims as provided in 16 CPR §260, that apply to claims about the enviromnental attributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service. N. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/Proposal -shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: _________ _ By: _______________ (print name of Authorized Representative and Affiant) _______________ (signature of Authorized Representative and Affiant) SUBMIT AGY-18-004-MT Tms AFFIDAVIT WITH BID/PROPOSAL MTA Pest and Rodent Control Pngel56 MDG-18-0397-A-000142 ATTACHMENT C- CONTRACT AFFIDAVIT A. AUTHORITY I hereby affirm that I, ______ (name of affiant) am the ______ (title) and duly authorized representative of ______ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION OF REGISTRATION OR QUALIFICATIONWITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHERAFFIRM TIIAT: The business named above is a (check applicable box): . ! ' ;:11::. ,: (I) Corporation- • domestic or • foreign; (2) Limited Liability Company- D domestic or D foreign; (3) Partnership - • domestic or D foreign; (4) Statutory Trust- D domestic or D foreign; (5) D Sole Proprietorship. and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE)in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE)filed with the State Department of Assessments and Taxation is: Name and Department ID Number:____ _______ _____; Address:_ _ ______ ____ _ and that ifit does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that tme name and address of the principal or owner as: Name and Department ID Number:____________ Address:____________ _ C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSUREAFFIRMATION I FURTHERAFFIRM THAT: AGY-18-004-MT MTA Pest and RodentControl Page I 57 MDG-18-0397-A-000143 I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head's designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in conne~tion with the law enforcement agency's undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification. (2) By submission of its Bid/Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions; ( c) Prohibit its employees from working under the influence of drugs or alcohol; ( d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable infonnat~on that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to infonn its employees about: (i) (ii) (iii) (iv) The dangers of drug and alcohol abuse in the workplace; The business's policy of maintaining a drug and alcohol free workplace; Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above; (h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: AGY-18-004-MT MTA Pest nndRodentControl Pnge I58 MDG-18-0397-A-000144 (i) (ii) Abide by the terms of the statement; and Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise ~eceivingactual notice of a conviction; G) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) (ii) Take appropriate personnel action against an employee, up to and including termination; or Require an employee to satisfactorilyparticipate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)-(j), above. (3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.l 1.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03. F. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, infonnation, and belief, each of the affirmations, certifications, or acknowledgements , 20 l_ , and executed by me for the purpose of contained in that certain Bid/Proposal Affidavit dated ____ obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY TI-IATTHE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: _____ By: __ ____ _____ __ AGV-18-004-MT _ __ ________ __ (printed name of Authorized Representative and Affiant) (signature of Authorized Representative and Affiant) MTA Pest and Rodent Control Page I 59 MDG-18-0397-A-000145 ATTACHMENT E - BID PRICING INSTRUCTIONS In order to assist Bidders in the preparation of their Bid and to comply with the requirements of this solicitation, Bid Pricing Instmctions and a Bid Form have been prepared. Bidders shall submit their Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Fonn or the Bid Form may be rejected. The Bid Form is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form. The Bid Form is used to calculate the Bidder's TOT AL BID PRICE. Follow these instructions carefully when completing your Bid Fonn: A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct. B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner. C) All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35. D) Any goods or service$ requited through · this 1IFB and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00. E) Every blank in every Bid Form shall be filled in. Any blanks may result in the Bid being regarded as nonresponsive and thus rejected. Any changes or corrections made to the Bid Fonn by the Bidder prior to submission shall be initialed and dated. F) Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions usually render the Bid nonresponsive, which means it will be rejected. G) It is imperative that the prices included on the Bid Fonn have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Fonn. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03E and 21.05.02.12, and may cause the Bid to be rejected. H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and will comply with all tenns and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the IFB at the prices entered in the Bid Form. I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid. J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically estimates for bidding purposes only. The Department does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. K) Failure to adhere to any of these instructions may result in the Bid being detennined non-responsive and rejected by the Department. AGY-18-004-MT MTA Pest and Rodent Control Page I 61 MDG-18-0397-A-000146 ATTACHMENT E - BID FORM BID FORM The Bid shall contain all price infonnation in the fonnat specified on these pages. Complete the Bid Form only as provided in the Bid Pricing Instructions. Do not amend, alter or leave blank any items on the Bid Fonn. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the bid being determined non-responsive and rejected by the Department. Bidders shall submit their Bid(s) on the Bid Form(s) attached in MS Excel. This Solicitation consists of two separate Bid Fonns: Bid Form #1 and Bid Form #2. Bidders have the opportunity to bid on the information provided on any or both of the attached Bid Forms. A. Bid Form #1 consists of all infonnation provided in this solicitation pertaining to: 1. Bus Facilities Maintenance 2. Bus Maintenance B. Bid Fonn #2 consists of all information provided in this solicitation pertaining to: I. MARC Train 2. 3. METRO Rail Light Rail Submitted By: Authorized Signature: ____________________ Printed Name and Title: Bidder Name Date: _________ _ -------------------------------- Bidder Address:--------------------------------Location(s) from which services will be performed (City/State): _________________ eMM # ____________ Fax: L_) __ FEIN:_______________ Bidder Contact Information: Telephone: (__J __ -- ______ E-mail: AGY-18-004-MT _ ----- ---- ----- MTA Peat and Rodent Control - ______ - -------- _ _ --- Pngel62 MDG-18-0397-A-000147 ATTACHMENT F-LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS Living Wage Requirements for Service Contracts A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or Subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-half of the employee's time during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) (2) (3) C. A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000. A Subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or (c) Perf01ms work for a Contractor not covered by the Living Wage Law as defined in B(l)(b) above, or B(3) or C below. Service contracts for the following: (a) Services with a Public Service Company; (b) Services with a nonprofit organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement ("Unit"); or (d) Services between a Unit and a County or Baltimore City. If the Unit responsible for the State contract for services detennines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. AGY-18-004-MT . MTA Pest and Rodent Control Pngc 163 MDG-18-0397-A-000148 D. A Contractor must not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18. E. Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner. F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry's website. An employer subject to the Living Wage Law must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate. G. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, §18-103(c), shall not lower an employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of health insurance premium shall comply with any record reporting requirements established by the Commissioner. H. A Contractor/Subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and Procurement Article, § 18-103(a), by no more than 50 cents of the hourly cost of the employer's contribution to an employee's deferred compensation plan. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's contribution to an employee's deferred compensation plan shall not lower the employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner determines that the Contractor/Subcontractor violated a provision of this title or regulations of the Commissioner, the Contractor/Subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wage. J. Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website http://www.dllr.state.md.us/labor/ and clicking on Living Wage for State Service Contracts. AGY-18-004-MT MTA Pest and Rodent Control Page 164 MDG-18-0397-A-000149 ATTACHMENT F-1 Maryland Living Wage Requirements Affidavit of Agreement (submit with Bid/Proposal) ContractNo. MTR-17-006-MT Name of Contractor Address ------------------------ ----------------------------- City_______________ State____ Zip Code______ _ If the Contract Is Exempt from the Living Wage Law The Undersigned, being an authorized representative of the above named Contractor, hereby affirms that the Contract is exempt from Maryland's Living Wage Law for the following reasons (check all that apply): • •• • Bidder/O:fferor is a nonprofit organization Bidder/Offeror is a public service company Bidder/O:fferor employs 10 or fewer employees and the proposed contract value is less than $500,000 Bidder/Offeror employs more than 10 employees and the proposed contract value is less than $100,000 If the Contract Is a Living Wage Contract A. The Undersigned, being an authorized representative of the above-named Contractor, hereby affirms its commitment to comply with Title 18, State Finance and Procurement Article, Annotated Code of Maryland and, if required, to submit all payroll reports to the Commissioner of Labor and Industry with regard to the above stated contract. The Bidder/O:fferor agrees to pay covered employees who are subject to living wage at least the living wage rate in effect at the time service is provided for hours spent on State contract activities, and to ensure that its Subcontractors who are not exempt also pay the required living wage rate to their covered employees who are subject to the living wage for hours spent on a State contract for services. The Contractor agrees to comply with, and ensure its Subcontractors comply with, the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate established by the Commissioner of Labor and Industry, automatically upon the effective date of the revised wage rate. B. _________ (initial here if applicable) The Bidder/Offeror affirms it has no covered employees for the following reasons: (check all that apply): D AGY-18-004-MT The employee(s) proposed to work on the contract will spend less than one-half of the employee's time during any work week on the contract MTA Pest nnd RodentControl Pngc I 65 MDG-18-0397-A-000150 • • The employee(s) proposed to work on the contract is 17 years of age or younger during the duration of the contract; or The employee(s) proposed to work on the contract will work less than 13 consecutive weeks on the State contract. The Commissioner of Labor and Industry reserves the right to request payroll records and other data that the Commissioner deems sufficient to confirm these affirmations at any time. Name of Authorized Representative: ________________ Signature of Authorized Representative _ Date Title Witness Name (Typed or Printed) Witness Signature Date SUB:MITTms AFFIDAVIT WITH BID/PROPOSAL AGY-18-004-MT MTA Pest nod Rodent Co11trol Page J 66 MDG-18-0397-A-000151 ATTACHMENT G-CONFLICT OF INTEREST AFFIDAVIT ANi> DISCLOSURE Reference COMAR 21.05.08.08 A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwiseimpaired, or a person has an unfair competitive advantage. B. "Person" has the meaning stated in COMAR 21.01.02.01B(64)and includes a Bidder/Offeror,Contractor, consultant, or subcontractor or sub-consultantat any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a Bid/Proposal is made. C. TI1eBidder/Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances .now.givingrise or which could, in the future, give rise to a conflict of interest. D. The following facts or circumstancesgive rise or could in the future give rise to a conflict of interest (explain in detail-attach additional sheets if necessary): E. The Bidder/Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the Bidder/Offeror shall immediatelymake a full disclosure in writing to the procurement officer of all relevant facts and circumstances.This disclosure shall include a description of actions which the Bidder/Offerorhas taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performanceuntil notified by the procurement officer of any contrary action to be taken. I DO SOLEMNLYDECLAREAND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF TmsAFFIDAVITARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,INFORMATION, AND BELIEF. Date:_______ _ By:____________ _ (Authorized Representative and Affinnt) SUBMIT AGY-18-004-MT Tms AFFIDAVIT WITH BID/PROPOSAL MTA Pest and Rodent Control Page I67 MDG-18-0397-A-000152 ATTACHMENT H- NON"DISCLOSURE AGREEMENT THIS NON"DISCLOSURE AGREEMENT ("Agreement") is made by and between the State of Maryland (the "State"), acting by and through Maryland Transit Administration (the "Department"), and ____________________ ( the "Contractor"). RECITALS WHEREAS,the Contractor has been awarded a contract (the "Contract") following the solicitation for MT A Pest and Rodent Contra) Solicitation# AGY-18-004-MT and WHEREAS,in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor's employees, agents, and subcontractors (collectively the "Contractor's Personnel") with access to certain information the State deems confidential information (the "Confidential Information"). NOW, THEREFORE,in consideration of being given access to the Confidential Information in conneption with the solicitation and the Contract, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows: I. Regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Infonnation is marked as such, Confidential Information means (1} any and all infonnation provided by or made available by the State to the Contractor in connection with the Contract and (2) any and all Personally Identifiable Info1mation (PII) (including but not limited to personal information as defined in Md. Ann. Code, State Govt. § 10-1301) and Protected Health Information (PHI) that is provided by a person or entity to the Contractor in connection with this Contract. Confidential Information includes, by way of example only, information that the Contractor views, takes notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use ofby the State in relation to the Contract. 2. Contractor shall not, without the State's prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any form, any Confidential Information except for the sole and exclusive purpose of performing under the Contract. Contractor shall limit access to the Confidential Infonnation to the Contractor's Personnel who have a demonstrable need to know such Confidential Information in order to perfonn under the Contract and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information. The names of the Contrnctor's Personnel are attached hereto and made a part hereof as ATTACHMENT G-1. Contractor shall update ATTACHMENT G-1 by adding additional names (whether Contractor's personnel or a subcontractor's personnel) as needed, from time to time. 3. If the Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who are assisting in the Contractor's performance of the Contract or who will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination. The Slate may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion. 4. Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the confidentinlity of the Confidential Information. 5. Contractor shall promptly advise the State in writing ifit learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor's Personnel or the Contractor's fonner AGY-t 8-004-MT MTA Pest nnd Rodent Control Pagel 68 MDG-18-0397-A-000153 Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s). 6. Contractor shall, at its own expense, return to the Department all copies of the Confidential Information in its care, custody, control or possession upon request of the Department or on termination of the Contract. Contractor shall complete and submit ATTACHMENT G-2 when returning the Confidential Information to the Department. At such time, Contractor shall also permanently delete any Confidential Information stored electronically by the Contractor. 7. A breach of this Agreement by the Contractor or by the Contractor's Personnel shall constitute a breach of the Contract between the Contractor and the State. 8. Contractor acknowledges that any failure by the Contractor or the Contractor's Personnel to abide by the terms and conditions ofuse of the Confidential Infonnation may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Infonnation. The Contractor consents to personal jurisdiction in the Maryland State Courts. The State's rights and remedies hereunder are cwnulatiye, and the State expressly reserves any and all rights, remedies , claims and actions that it may have now or in the future to protect the Confidential Infonnation and to seek damages from the Contractor and the Contractor's Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys' fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor's Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and costs. 9. Contractor and each of the Contractor's Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State. 10. The parties further agree that: a. This Agreement shall be governed by the laws of the State of Maryland; b. The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State; c. The State makes no representations or warranties as to the accuracy or completeness of any Confidential Infonnation; d. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement; e. Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures; f. The Recitals are not merely prefatory but are an integral part hereof; and g. The effective date of this Agreement shall be the same as the effective date of the Contract entered into by the pru1ies. IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the day and year first above written. Contractor: Maryland Transit Administration: ------------- By: __________ Printed Name: (SEAL) Printed Name: ----------- Title: ____________ AGY-18-004-MT By: ___________ _ Title: __ _ ----------- _ _ ________ MTA Pest and Rodent Control _ Page I 69 MDG-18-0397-A-000154 Date: _____________ _ AGY-18-0D4-MT MTA Pest nnd Rodent Control Date: _____________ _ Pnge170 MDG-18-0397-A-000155 NON-DISCLOSURE AGREEMENT -ATTACHMENT G-1 LIST OF CONTRACTOR'S EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO THE CONFIDENTIAL INFORMATION Printed Name and Address of Individual/Agent AGY-18-004-MT Employee (E) or Agent (A) Signature MTA Pest and Rodent Control Date Pngc 171 MDG-18-0397-A-000156 NON-DISCLOSUREAGREEMENT -A TI ACHMENT G-2 CERTIFICATIONTO ACCOMPANYRETURN OR DELETION OF CONFIDENTIAL INFORMATION I AFFIRM THAT: To the best of my knowledge, infonnation, and belief, and upon due inquiry, I hereby certify that: (i) all Confidential Information which is the subject matter of that certain Non-Disclosure Agreement by and between the State of Maryland and -----------------------("Contractor") dated _______ __,20__ ("Agreement") is attached hereto and is hereby returned to the State in accordance with the terms and conditions of the Agreement; and (ii) I am legally authorized to bind the Contractor to this affirmation. Any and all Confidential Information that was stored electronically by me has been permanently deleted from all of my systems or electronic storage devices where such Confidential Information may have been stored. I DO SOLEMNLYDECLAREAND AFFIRM UNDERTHE PENALTIESOF PERJURYTHAT THE CONTENTSOF THIS AFFIDAVITARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION,AND BELIEF,HAYING MADE DUE INQUIRY. DATE: ___________ NAME OF CONTRACT OR: BY: ____ _ ------------------- _ _ _ _ ___ ---,--,_ _ ____ ____ __ _ (Signature) TITLE: _____________________ _ (AuthorizedRepresentativeand Affiant) AGY-18-004-MT MTA Pest and Rodent Control Page 172 MDG-18-0397-A-000157 Pest and Rodent Control - Bid Form #1 Section Item 0, A B C Location / Unit Description Number of Locations/ Units Spraying Treatments Per Year Spraying Cost Per Treatment E Rat Zapper/ Bait Box Treatments Per Year 1 Bush Division 1 156 78 2 3 Kirk Division 1 48 24 Eastern Division 1 48 24 4 Northwest Division 1 48 48 5 Trailers (5) 1 60 36 7 8 9 10 11 Annual Cost Per (BX C X D) plus (BX EX F) G __J Treatment FACILITY MAINTENANCE - BUS A 6 F Rat Zapper/ Bait Box Cost Additional Service Special Circumstance 80 Request --- Contract Manager's Discretion:Rat Zappers(4 x 4 3/4 x 111/2): Contract Manager's Discretion:Termites & Bed Bugsas Needed: - $ so $ TOTALFIVE(5) YEARCONTRACTCOSTFORFACILITYMAINTENANCE:- Section"A" line 10 column G times 5: - ~ - $ 100 TOTAL ANNUAL COST FOR FACILITY MAINTENANCE BUS: - Section "A" add lines 1-9, column G: !. - $ 40 Requests - $ $ $ $ $ - - $ $ ~ A BUS MAINTENANCE B - 2 3 Kirk Division - Buses Eastern Division - Buses 194 12 4 Northwest Div - Buses 171 12 $ $ $ $ 200 $ - 40 $ - $ $ $ - 1 5 6 Bush Division Buses Additional Service Requests - 763 Buses Special Circumstance Request - fogging 241 12 157 12 7 TOTALANNUAL COSTFORBUSMAINTENANCE:- Section "B" add lines 1-6 Column G: 8 TOTAL FIVE (5) YEAR CONTRACT COST FOR BUS MAINTENANCE: - Section "B" line 7 column G times 5: TOTAL ANNUAL COST FOR ENGINEERS ESTIMATE #1: Section "A" column "G" line 10 PLUS Section "B" column "G" line 7: TOTALFIVE(S} YEARCOSTFORENGINEERS ESTIMATE#1: Section "A" comumn "G" llne 11 PLUS Section 11 11 B column "G" llne 8: $ MDG-18-0397-A-000158 Pest and Rodent Control - Bid Form #2 -· A Section Item A 1 2 3 Location / Unit Description 2 3 4 5 ·- C ~ Spraying Treatments Per Year Spraying Cost Per Treatment BWI Airport, Edgewood, I E· Rat Zapper/ Bait Box Treatments Per Year Halethorpe, Odenton, F· Rat Zapper/ Bait Box Cost Per Treatment Perryville, - Annual Cost (BX C X D) plus (BX EX F) Martin Airport $ - $ - TOTAL ANNUAL COSTFOR MARC TRAIN: - Section "A" add lines 1-3, column G: $ TOTAL FIVE (5) YEAR CONTRACTCOSTFOR MARC TRAIN: - Section "A" line 4 column G times 5: $ - 12 Buildings Listed Above Rail Cars & Vehicles Metro Rail Stations Additional Service Requests Special Circumstance Request 12 - 50 50 Control Center, Systems Malntaintenance, Kiosk, Old Court Facilities Maintenance, Money Room, Photo Lab/Print Wabash Rail Shop, Fair Collectlon/Facllltles Shop, Mondawmln Station Maintenance 8 12 $ - 98 14 12 12 12 $ $ - 25 100 $ - $ - $ $ - 50 TOTAL ANNUAL COSTFOR METRO RAIL: - Section 118 11 add lines 1-5 Column G: 11 11 TOTAL FIVE (5) VEAR CONTRACTCOSTFOR METRO RAIL: - Section 8 line 6 column G times 5: 7 . - METRO RAIL - Operations 6 G $ Request: 5 1 Number of Locations/ Units MARC TRAIN - Aberdeen, Stations Listed Above 7 Additional Service Requests: Special Circumstance 4 B B - MDG-18-0397-A-000159 - ----- Pest and Rodent Control - Bid Form #2 -- - ,. ' A J Section Location / Unit Item Description Spraying Spraying Locations/ Units Treatments Cost Per Per Year Treatment 2 3 4 Trailers Exterior Rooms 5 Rail Cars - (Two-Pack) Light Rail Stations Requests: Special Circumstance 8 Rat Zapper/ Bait Box F - Request: Bait Box Cost Annual Cost Treatments Per (BX C X D) plus (BX EX F) Per Year Treatment 12 12 $ - 1 12 12 12 12 12 $ $ - $ $ $ - 53 $ - 12 $ - 3 53 33 12 - - $ - TOTALFIVE(5) YEARCONTRACTCOSTFORLIGHTRAIL:- Section"C" line 9 column G times 5: $ TOTALANNUALCOSTFORENGINEERS ESTIMATE#2: Section"A, B, C" Column"G" Lines4, 6, 9: $ 10 TOTALFIVE(5) YEARCOSTFORENGINEERSESTIMATE#2: Section "A, B, C" column "G" Lines 5, 7, 10: _.. __ :. (,- -~ Rat Zapper/ TOTALANNUALCOSTFORLIGHTRAIL:- Section"C"add lines 1-8, column G: 9 11 G I 2 6 Additional Service 7 E LIGHT RAIL - North Avenue, Cromwell Buildings Listed Above Bellona Ave. Storage 6 D Number of C 1 C B .. ;: ;.: .. -., ...~"~.~.~---- 't. $ - " __ ,,- :·:c... _·· ...: :.' MDG-18-0397-A-000160 Fwd: Gun & Hunting Related Bills - Governor Hogan's intentions? Subject: From: Fwd: Gun & Hunting Related Bills - Governor Hogan's intentions? Christopher Shank -GOV- Date: 4/19/2018 2:24 PM Attachments: ~ CBS_2018_Gun_Bills_&_Hearing_Schedules.pdf To: (111 KB) Cara Sullivan -GOCCP- not sure how I want to handle this. thinking a call from you would be best, not sure how much I'm prepared to have you tell him yet though ~J CHANGING Maryland ChristopherB. Shank Chief Legislative Officer Office of the Governor christopher .shank@maryland.gov 410-974 -3336 (office) for the Better ---------- Forwarded message ---------From: John H Josselyn Date: Thu, Apr 19, 2018 at 2:22 PM Subject: Gun & Hunting Related Bills - Governor Hogan's intentions? To: Christopher Shank Greetings Chris, Attached please find a pdf of the bills we have been tracking during the 2018 Session. Some of these bills have already been signed by the Governor. I am writing to ask what Governor Hogan's intentions are regarding the bills which have been returned passed or passed enrolled. Which will the Governor sign and/or allow to become law without his signature. 1 of2 MDG-18-0397-A-000161 7/26/2018 2:59 Pl', Fwd: Gun & Hunting Related Bills - Governor Hogan's intentions? For the record, we were not consulted by MSI or the MSI sub-group calling themselves the Patriot Pickets, and we are not supporting the call for the Governor to veto certain bills. Best regards, JHJ John H. Josselyn 2A Maryland Web Page - 2 of2 MDG-18-0397-A-000162 7/26/2018 2:59 PM ,. . 2A MARYIAND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Hyperlinks: Visit Website 2A MARYLAND© 2017-201.8 Click on "Bill #" for c~rrent status , "Committee" for Committee information , and "Bill Title" for the actual text of the bill House Gun Related Bills - Page 1 of 2 Bill# Status Committee Crossfiled Bill Title Position Firearms - Handgun Permit - Preliminary Approval SB 0027 Cnmes - Firearms - Penaltie s SB 0197 HB 0029 Recomm itted to JUD House JUD Support HB 0101 Heard 2/06 House JUD No Position HB 0398 Heard 3/06 House JUD Support Public Safety - Handgun Permit - Applicant Qualif1cat1ons HB 0402 Heard 3/06 House JUD Oppose Public Safety - Firearms D1squalif1cat1ons- Antique Firearm {Shade 's Law) SB 0448 HB 0432 Passed Enrolled SENATE Oppose Public Safety - Maryland Violence Interventi on and Prevention Program Fund - Establishment SB 0545 MB Q4€i€i Unfavorable in JUD House JUD Oppose Baltimore City AmffillilitlGR-Sales HB 0534 Heard 3/06 House JUD No Position HB 0636 Heard 3/06 House JUD Support Bow Hunting - Possession of Handguns for Protection n/a HB 0647 Heard 3/06 House JUD Support Public Safety - Permit to Carry Wea r, or Transport a Handgun - Qualificallons nl a HB 0692 Heard 3/06 House JUD No Position HB 0724 Heard 3/06 House JUD Support Criminal Procedure - Forfeiture of Firearms - Sale to Dealer HB 0730 Heard 3/06 House JUD Oppose Public Safety - Transfer of Handguns n/a HB 0739 Heard 3/06 House JUD No Position Public Safety - Handgun Permit - Applicat ion Fee Exempti on n/a HB 0756 Heard 3/06 House JUD Oppose Public Safety - Handguns - Trace Information Database n/a HB 0757 Heard 3/06 House JUD Oppose Public Safety - Handguns Used In Crime - Trace Request n/a HB 0758 Heard 3/06 House JUD No Position HB 0760 Heard 3/06 House JUD Support Handguns - School Employees - Handgun Permits and Carrying Weapons on School Property n/a HB 0792 Heard 3/06 House JUD Support Firearms - Permit to Wear, Carry, or Transport a Handgun - Expiration and Renewal nla HB 0813 Heard 3/06 House JUD Oppose Public Safety - Community Program Fund - Firearm Laws nla Public Safety - Handgun Permit Review Board - Repeal Resord Keepmg Ala Firearms - Right to Purchase Own Possess and Carry - Medica l Cannabis (Patients' Rights Act ) SB 0604 Public Safety - Handgun Permit - Church or Religious Organization Property HB 0819 Passed Enrolled SENATE Oppose Heard 3/06 House JUD Support Public Safety - D1sgualifying Crime HB 0888 Returned Passed HOUSE Oppose Criminal Law - Firearm Cnmes - Rapid Fire Trigger Activator HB 0890 Heard 3/06 House JUD No Position HB Q904 1st Reading Senate Rules Oppose SB 602 SB 0126? Criminal Procedure - Right of Appea l - Unlawful Possession of Firearm HB 0825 www.mtwashingtonrg.org/legislative-information n/a SB 0156 SB 0741 n/a SB 0707 - Violent Crime Involving a Firearm Correctional Services - Parole Elig1b11ity n/a Weapon-Free Higher Education Zones n/a Page 1 of6 UPDATED : 04/19/2018@ 2:04 PM MDG-18-0397-A-000163 ,. 2A MARYLAND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 Join Email Click on "Bill #" for current status , "Committee" for Committee information , and "Bill Title" for the actual text of the bill House Gun Related Bills - Page 2 of 2 Crossfiled Bill Title Bill# Status Committee Position MB Q919 Unfavorable in JUD House JUD Oppose Public Safety Mandgun Permit Renew.H MB ggg~ Unfavorable in JUD House JUD Oppose Weaeen Crimes HB 1029 Returned Passed SENATE No Position HB 1031 Heard 3/06 House JUD Oppose Public Safety - Regulated Firearms - Transfer HB 1145 Heard 3/06 House JUD Support Public Safety - Handgun Permit - Issuance and Appeal n/a HB 1184 Heard 3/06 House JUD Support Criminal Law - Theft of a Firearm - Penalty n/a HB 1189 Heard 3/06 House JUD Support Public Safety - Handgun Permits - Protective Order and Peace Order HB 1302 Passed Enrolled Hse & Sen No Position Public Safety - Extreme Risk Prevention Orders (new title as "Red Flag" legIslatIon) n/a HB 1337 Heard 3/06 House JUD No Position Public Safety - Handgun Permits - Active Reserve, or Retired Military n/a HB 1413 Heard 3/06 House JUD Support Handgun Permits - Firearms Training Courses n/a HB 1431 Heard 3/06 House JUD Support Public Safety - Handgun Permit - Applicant Qual1f1callons n/a HB 1441 Heard 3/06 House JUD No Position Firearms - Right to Purchase Possess. and Carry - Use of Medical Cannabis n/a MB 1474 Unfavorable in JUD House JUD No Position DnYer's Licenses ReYecat1onfor Firearms en Scheel Proeerty Mi Mi Detachable Magazines and Regulated-Firearms Criminal Law - Wearing. Carrying, or Transporting Pe&SeSSIGR Handgun - Subsequent Offender SB 1062 n/a SB 0860 SB 0497 Handgun Permits - Universal Recognition n/a HB 1522 Heard 3/06 House JUD Support HB 1534 Heard 3/06 House JUD No Position HB 1538 Heard 3/06 House JUD Support Public Safety - Handgun Permits - Scope n/a HB 1551 Heard 3/06 House JUD Support Public Safety - Assault Weapons - Replacements n/a MB Hie:! Unfavorab le in JUD House JUD No Position Peace Orders and Protect1YeOrders Mi HB 1646 Passed Enrolled Hse & Sen Oppose Cnminal Procedure - Firearms - Transfer SB 1036 HB 1659 Heard 3/06 House JUD Support Public Safety - Rifles and Shotguns - Purchases SB 0789 HB 1724 1st Reading House Rules Oppose Gun-Free Higher Education Zones n/a MB H74 Unfavorable in JUD House JUD Oppose Task Force to Slud·t Effectl'teness of Enforcement of Restnct1Gfl5-onthe Possession of Regulated i;:1rearms Ata HB 1801 1st Reading House Rules No Position HB 1805 1st Reading House Rules Oppose Election Law - Fund-Raising and Donations in Connection With a Campaign - Proh1bIt1onon Firearms HB 1807 Heard 3/16 House JUD O ppose Criminal Law - Threat of Mass Violence and Deadly Weapons on Public School Property www .mtwash ingtonrg.org/legislative-information SB 1153 Handgun Permits - Criminal History Check - Fingerprint Subm1ss1onException Surrender of i;:irearms Primary and Secondary Schools - Armed School Resource Officers Page 2 of 6 SB 1226 n/a SB 1250 UPDATED: 04/19/2018@ 2:04 PM MDG-18-0397-A-000164 I• . • [!]1 . - .. 2A MARYi.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 ~11 & Click on "Bill #" for current status , "Committee" for Committee information , and "Bill Title" for the actual text of the bill Senate Gun Related Bills - Page 1 of 2 Crossfiled Bill# Status Committee Position SB 0027 Recommitted to JUD House JUD Support Bill Title Firearms - Handgun Permit - Preliminary ~ Unfavorable in JPR Senate JPR Opp ose Gflminal Law SB 0099 Heard 1/17 Senate JPR Support Public Safety - Permit to Carry Wear or Transport a Handgun - Qualifications SB Q123 Unfavorable in JPR Senate JPR Oppose Firearms SB 0125 Heard 1/30 Senate JPR No Position Courts and Jud1c1alProceedings - Interception of Communications - Firearms Crimes SB 0126 Heard 1/30 Senate JPR No Position Criminal Procedure - Right of Appeal - Unlawful Possession of Firearm HB 0692 SQ..-04.§e Unfavorable in JPR Senate JPR No Position Pl:lblis Safely HB 0758 SB 0196 Heard 1/30 Senate JPR Support SB 0197 Heard 1/30 Senate JPR No Position Crimes - Firearms - Penalties HB 0101 SB 0448 Heard 2/ 13 Senate JPR Oppose Public Safety - Firearms D1sgualificallons - Antique Firearm (Shade 's Law) HB 0402 SB 0472 Heard 2/13 Senate JPR Support Public Safety - Permit to Wear. Carry or Transport a Handgun - Expiration and Renewa l SB 0497 Heard 2/13 Senate JPR Support Public Safety - Handgun Permits - Protective Order and Peace Order HB 1189 SB 0545 Heard 2/27 Senate B&T Oppose Public Safety - Maryland Violence Intervention and Prevention Program Fund - Establishment HB 0432 SB 0602 Heard 2/13 Senate JPR No Position Firearms - Right to Purchase Own , Possess , and Carry - Medical Cannabis {Patients' Rights Act ) HB 0534 SB 0604 Heard 2/13 Senate JPR Support Criminal Procedure - Forfeiture of Firearms - Sale to Dealer HB 0724 SB 0707 Returned Passed HOUSE Oppose Criminal Law - Firearm Crimes - Rapid Fire Trigger Activator HB 0888 SB 0741 Returned Passed HOUSE Oppose Public Safety - Handgun Permit Review Board - Appeals HB 0819 HB 1659 Firearms Crimes HB 0029 Approval BUffljrSteGk n/a n/a ProhIb1led Possess1Gfl---GoovlctIon for Harassment Hand§Jl:JA Perm~hl:Jrsh nla OFReliEJIOl:JS Organ12alion Property Public Safety - Handgun Qualification License - Issuance With Permit to Carry, Wear, or Transport SB 0789 Heard 2/22 Senate JPR Support Public Safety - Rifles and Shotguns - Purchases SB 0814 Heard 2/22 Senate JPR Support Public Safety - Permit to Carry, Wear, or Transport a Handgun - Quahficat1ons SB 0860 Heard 2/28 Senate JPR Oppose Public Safety - Regulated Firearms - Transfer SB QQQ7 Unfavorable in JPR Senate JPR Oppose Publis Safel\ 1 Firearms Database n/a nla n/a nla HB 1031 nla SB 0908 Heard 3/06 Senate JPR No Position SB 1036 Confernnce Committee Hse & Sen Oppose Criminal Procedure - Firearms - Transfer HB 1646 SB 1062 Heard 2/22 Senate JPR Oppose Weapon Crimes - Detachable Magazines and Regulated Firearms - Possession HB 0991 $B1153 Heard 3/29 Senate JPR No Position Handgun Permits - Criminal History Check - Fingerprint Subm1ss1onException HB 1534 www.mtwashingtonrg.org/legislative-information Partial Repeal of Firearms Safety Act of 2013 Page 3 of6 n/a MDG-18-0397-A-000165 UPDATED: 04/19/2018@ 2:04 PM I• - 2A MAR.YI.AND ... 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Visit Website 2A MARYLAND© 2017-2018 Join Email Hyperlinks : Click on "Bill#" for current status , "Committee" for Committee information , and "Bill Title" for the actual text of the bill Senate Gun Related Bills - Page 2 of 2 Bill# Status Committee Position SB 1226 Rereferred to EHEA Senate EHEA No Position Bill Title Crossfiled Primary and Secondary Schools - Armed School Resource Officers HB 1801 HB 1807 SB 1250 Heard 4/04 House JUD Oppose Criminal Law - Threat of Mass Violence and Dead ly Weapons on Public School Property Sll1__2_62 Heard 3/23 Senate JPR Oppose Public Safety - Background Information for Firearm License lnvest1galtons - School Crisis Welfare Officers (School Safety Act 2018 Prevention) n/a SB 1263 Heard 3/23 Senate JPR Oppose Public Safety - School Mental Health Services and Mental Disorder Weapon Restraining Order (School Safety Act of 2018 Anltc 1pat1on) n/a SB 1264 Heard 3/23 Senate_J_PR Primary and Secondary Schools - Law Enforcement Presence (School Safety Act 2018· Deterrence) n/a No Position www.mtwashingtonrg.org/legislative-information Page 4 of 6 UPDATED: 04/19/2018@ 2:04 PM MDG-18-0397-A-000166 I• - 2AMARYLAND ... 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Visit Website 2A MARYLAND© 2017-2018 Hyperlinks : Click on "Bill#" for current status , "Committee" for Committee information , and "Bill Title" for the actual text of the bill House Hunting Related Bills - Page 1 of 1 Bill# Status Committee Position Crossfiled Bill Title SB 0182 HB 0007 Returned passed HOUSE Support Income Tax Credit - Venison Donation - Feed the Hungry Organ1zat1ons MB ggg~ Unfavorable in E&T House E&T Support NallHal Rese1Jrses M1Jnt1ng O1Jterweare.MGeplien Returned Passed HOUSE Support Natural Resources - Electronic Licensing - Voluntary Donations HOUSE Support Calvert County - Hunting - Deer Management Permits n/a HOUSE Support Montgomery County - Archery Hunting Safety Zone - PosIt1onof Archery Hunter MC 24-18 n/a HB 0104 ! HB 0172 ! HB 0119 Approvedby Gov Approvedby Gov I I Al-a SB 0149 HB 0636 Heard 3/06 House JUD Support Bow Hunting - Possession of Handguns for Protection nla HB 0712 Heard 2/14 House E&T Oppose Natural Resources - Wildlife Trafficking Prevention n/a HB 1118 Returned Passed HOUSE No Position Hunting - Required Outerwear - Daylight Fluorescent Pink SB 0341 MB~~.!.! Unfavorable in E&T House E&T No Position Natllral Resel!rGes M1Jnt1n9=8laGkBears S8--Q9W HB 1163 Returned Passed HOUSE Support Waterfowl Hunting Guide License - Guide Services for Hunting Snow Geese - Rec1proc1ty HB 1338 Heard 3/07 House E&T Support Natural Resources - Hunting - Sundays MB ~4.!Q Unfavorable in E&T House E&T No Position lelB H4Q Unfavorable in E&T House E&T Support M8-=l-ee4 Unfavorable in E&T House E&T 1st Reading House Rules HB_1699 nl a SB 0817 Nalllral Rese1JrGes Arsl=ler,•Mootma Safety Zene Al-a Nalllral Rese1Jrces Mtffiler Safe.ty-fflsmtGlefs--Slale Par=kenlranse Fee Al-a No Position Nalllral Rese1Jrces Mllnlina Al-a No Position Baltimore County - Hunting - Nongame Birds and Mammals Ol!lerwear E.Msepl1en SB1166 See "Leg1slat1veLingo" document for an explanallon of status terms www .mtwashingtonrg .org/legislative -information Page 5 of 6 UPDATED : 04/19/2018@ 2:04 PM MDG-18-0397-A-000167 •. - , 2A MAR.YI.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 Click on "Bill #" for current status , "Committee" for Committee information , and "Bill Title" for the actual text of the bill Senate Hunting Related Bills - Page 1 of 1 Bill# Status Committee Position SB 0094 Passed Enrolled HOUSE No Position I I nla Natural Resources - Unprotected Birds - Pigeons nla Natural Resources - Recreat ional License Incent ive Disco unt Program SENATE Support SB 0149 Returned Passed HOUSE Support Natural Resources - Electronic Licensing - Voluntary Donations HB 0104 SB 0182 Returned Passed HOUSE Support Income Tax Credit - Venison Donation - Feed the Hungry OrgamzatIons HB 0007 SB 0183 2nd Reading FAV HOUSE Support Natural Resources - Electronic Licensing - Recreational License Donation Fund - Donations SB 0341 Returned Passed HOUSE No Position Hunting - Required Outerwear - Daylight Fluorescent Pink SENATE No Position WilGlife-Ma!laqement SB0113 Approved by Gov Crossfiled Bill Title SB--0-74-7 3rd Reading UNFAV SB 0817 Heard 3/13 Senate EHEA Support SS--0959 Unfavorable in EHEA Senate EHEA SB 1166 Heard 3113 Senate Et-JEA Shoot,ng at NIgh1t1me nla HB 1118 Ria Natural Resources - Hunting - Sundays HB 1338 No Position Natural-ResourGeS-l=luntm q --Bla£k-Bears l=IB+:1-~ No Position Baltimore County - Huntmg - Nonqame Birds and Mamma ls HB 1699 See "Legislat ive Lingo" document for an explanation of status terms www.mtwashingtonrg.org/legislative-information Page 6 of6 UPDATED: 04/19/2018 @ 2:04 PM MDG-18-0397-A-000168 Legislative Reception- April 9 Subject: Legislative Reception- April 9 From: John Pica Date: 3/29/2018 10:03 AM Attachments: INVITATION- 2018 Sine Die Pica Reception.docx (193 KB) To: John Pica PLEASE TRY TO ATTEND. IT'S AN OPPORTUNITY TO MEET LEGISLATORS, CABINET MEMBERS, AND THE GOVERNOR'S STAFF. SINE DIE RECEPTION INVITATION Thank you from John Pica, Pica & Associates, and Arturo Ottaviano and Staff of Osteria 177 SINE DIE DINNER Mon day, April 9th 5:00 PM to 8:00 PM The State House Inn • 25 State Circle Great Italian food prepared byOsteria 177 ALL SENATORS AND DELEGATES INVITED INVITATION ONLY All interns must be accompanied by a Legislator rsvp to iswanner@iohnpica.com John A. Rea, Jr. Rea & Associates, LLC 14 State arcle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 tvbbile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000169 1 of 1 7 /19/20181 :37 PM SINE DIE RECEPTION INVITATION Thank you from John Pica, Pica & Associates, and Arturo Ottaviano and Staff of Osteria 177 , . -. I ost:erit111;:,;:, \ SINE DIE DINNER Monday, April 9 th 5:00 PM to 8:00 PM The State House Inn • 25 State Circle Great Italian food prepared by Osteria 177 ALL SENATORSAND DELEGATESINVITED INVITATION ONLY All interns must be accompanied by a Legislator rsvp to iswanner@iohnpica.com MDG-18-0397-A-000170 INVITATION - SINE DIE RECEPTION 2018 Subject: INVITATION - SINE DIE RECEPTION 2018 From: John Pica Date: 3/27/2018 Attachments: D Sine CC: Josh Swanner To: John Pica 12:07 PM Die 2018 Pica Party.jpeg (406 KB) SINE DIE RECEPTIONINVITATION Thank you from John Pica, Pica & Associates, Arturo Ottaviano and the Staff of Osteria 177 SINE DIE DINNER Monday, April 9th 5:00 PM to 8:00 PM The State House Inn • 25 State Circle Great Italian food prepared by Osteria 177 ALL SENATORSAND DELEGATES INVITED INVITATION ONLY All interns must be accompanied by a Legislator rsvp to jswanner@johnpica.com John A. Pica, Jr. Pica & Associates , LLC 14 State arcle Annapolis , MD 21401 410 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member , House of Delegates 1979 to 1983 MDG-18-0397-A-000171 1 of2 7/1 9/2 018 3:2 0 PM INVITATION - SINE DIE RECEPTION2018 THE 2018 SESSIONCOMESTO AN END Thank you from John Pica, Pica & Associates, and Arturo Ottaviano and the Staff of Osteria 177 SINE DIE DINNER Monday, April 9 th 5:00 PM to 8:00 PM The State House Inn • 25 State Circle Great Italian food prepared by Osteria 177 ALL SENATORSAND DELEGATESINVITED INVITATIONONLY LEGISLATORSAND GUESTS All interns must be accompanied by a Legislator rsvp to jswanner@johnpica.com MDG-18-0397-A-000172 2 of2 7/19/2018 3:20 PM SINE DIE RECEPTION INVITATION Thank you from John Pica, Pica & Associates, and Arturo Ottaviano and Staff of Osteria 177 SINE DIE DINNER Monday, April 9 th 5:00 PM to 8:00 PM The State House Inn • 25 State Circle Great Italian food prepared by 0steria 177 ALL SENATORSAND DELEGATESINVITED INVITATION ONLY All interns must be accompanied by a Legislator rsvp to iswanner@iohnpica.com MDG-18-0397-A-000173 INVITATION- BREAKFAST RECEPTION- MARCH14 - SPECIALOLY ... Subject: INVITATION- BREAKFASTRECEPTION- MARCH 14- SPECIALOLYMPICSOF MARYLAND From: John Pica Date: 2/27/2018 10:55 AM Attachments:ffl Special Olympics Legislative Breakfast March 14 lnvitation.pdf (434 KB) To: "john.astle@senate.state.md.us" , "gail.bates@senate.state .md.us" , "joanne.benson@senate.state.md.us" , "jim.brochin@senate.state.md .us" , "bob.cassilly@senate.state.md.us" , "joan.carter.conway@senate.state.md.us" , "ulysses.currie@senate.state.md.us" , "james.degrange@senate.state.md.us" , "adelaide.eckardt@senate.state.md.us" , "george.edwards@senate.state.md.us" , "brian.feldman@senate.state.md.us" "bill.ferguson@senate.state.md.us" , , "guy.guzzone@senate.state.md.us" , "steve.hershey@senate.state.md.us" , "michael.hough@senate.state.md.us" "jb.jennings@senate.state.md.us" , , "cheryl .kagan@senate.state.md.us" , "edward.kasemeyer@senate.state.md.us" "delores.kelley@senate.state.md.us" , , "nancy.king@senate.state.md.us" , "katherine.klausmeier@senate.state.md.us" , "susan.lee@senate.state.md.us" , "richard.madaleno@senate.state.md.us" , "roger.manno@senate.state.md.us" , "james.mathias@senate.state .md.us" , "nathaniel.mcfadden@senate.state.md.us" , "thomas.mcclain.middleton@senate.state.md.us" , "thomas.v.mike.miller@senate.state.md.us" , "anthony.muse@senate.state.md.us" , "shirley.nathan.pulliam@senate.state.md.us" , , "wayne.norman@senate.state.md.us" "nathaniel.oaks@senate.state.md.us" , "douglas.peters@senate.state.md.us" , "paul.pinsky@senate.state.md.us" , "victor.ramirez@senate.state.md.us" , "justin.ready@senate.state.md.us" MDG-18-0397-A-000174 1 of 4 7/19j2018 3:20 PM INVITATION - BREAKFASTRECEPTION- MARCH 14 - SPECIALOLY... , "edward.reilly@senate.state.md.us" , "barbara.robinson@senate.state.md.us" , "jim.rosapepe@senate.state.md.us" , "johnnyray.salling@senate.state.md.us" , "andrew.serafini@senate.state.md.us" , "bryan.simonaire@senate.state.md.us" , "steve.waugh@senate.state.md.us" , "ronald.young@senate.state.md.us" , "bobby.zirkin@senate.state.md.us" , "craig .zucker@senate.state.md.us" , "will.smith@senate.state.md.us" , John Pica , "lt.governor@maryland.gov" , "sam.malhotra@maryland.gov" , "andrea.garvey@maryland.gov" , "mark.newgent@maryland.gov" , "sean.powell@maryland.gov" , "shawn.eum@maryland.gov" , "jeannie.riccio@maryland.gov" , "tiffany.robinson@maryland.gov" , "carly.hviding@maryland.gov" , "martin.madden@maryland.gov" "robert.scholz@maryland.gov" , , "christopher.shank@maryland.gov" , "keiffer.mitchell@maryland.gov" , "douglass.mayer@maryland.gov" , "amelia.chasse@maryland.gov" , "robert.neall@maryland.gov" , "chris.cavey@maryland.gov" , "mdsos@sos.state.md.us" , "rona.kramer@maryland.gov" , "joe.bartenfelder@maryland.gov" , "james.eichhorst@maryland.gov" , "david.brinkley@maryland.gov" , "marc.nicole@maryland.gov" , "mike.gill@maryland.gov" , "ben.wu@maryland.gov" , "carol.beatty@maryland .gov" , "william.frank@maryland.gov" , "karen.salmon@maryland.gov" , "ben.grumbles@maryland.gov" , "horacio.tablada@maryland.gov" , "ellington.churchill@maryland.gov" , "nelson.reichart@maryland.gov" MDG-18-0397-A-000175 2 of 4 7/19/2018 3 :20 PM INVITATION- BREAKFAST RECEPTION- MARCH14 - SPECIALOLY ... , "dennis.schrader@maryland.gov" , "barbara.bazron@maryland.gov" , "bernard.simons@maryland.gov" , "kenneth.holt@maryland.gov" , "gregory.james@maryland.gov" , "craig.eichler@maryland.gov" , "ann.-flagg@maryland.gov" , "michael.leahy@maryland.gov" , "lance.schine@maryland.gov" , "sam.abed@maryland.gov" , "linda.mcwilliams@maryland.gov" "lynette.holmes@maryland.gov" , , "kelly.schulz@maryland.gov" , "david.mcglone@maryland.gov" "mark.belton@maryland.gov" , , "joanne.throwe@maryland.gov" "wendi.peters@maryland.gov" , , "ewing.mcdowell@maryland.gov" , "secretary.dpscs@maryland.gov" , "william.stewart@maryland .gov" , "michael.zeigler@maryland.gov" , "msp.superintendent@maryland.gov" , "brian.geraci@maryland.gov" , "secretary@mdot.state.md.us" "rlewisl@mdot.state.md.us" , , "jports@mdot.state.md.us" , "secretary.mdva@maryland.gov" , "james.fielder@maryland.gov" , "linda.l.singh.mil@mail.mil" , "lourdes.padilla@maryland.gov" , "michael.leahy@maryland.gov" , "glenn.fueston@maryland.gov" , "jimmy.rhee@maryland.gov" , "britta.vanderlinden@maryland.gov" INVITATION FROM JOHN A. PICA and PICA & ASSOCIATES BREAKFAST MDG-18-0397-A-000176 3 of 4 7/19/2018 3:20 PM INVITATION - BREAKFASTRECEPTION- MARCH 14 - SPECIALOLY... RECEPTION SPECIALOLYMPICSOF MARYLAND Wednesday, March 14, 2018 7:30 a.m. - 10:00 a.m. Lowe House Office Building - Room 180 ALLMEMBERSOF THE GENERALASSEMBLYINVITED Join us March 14th to celebrate our athletes as leaders in creating a world where opportunity is not limited by disability. Enjoy breakfast courtesy and hear a Special Olympics Maryland athlete share a compelling life story at 8:15, 8:45 or 9:10 a.m. TO RSVPplease contact Danielle Weddle at dweddle@somd.o rg or call (410) 242-1515, extension 125 by 3 pm on Monday, March 12, 2018 to RSVP. John A. Pica, Jr. Pica & Associates, LLC 14 State Orcle Annapolis , MD 21401 41 O 990 1250 Off ice 410 446 4600 rvbbile 41 O 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000177 4of4 7/19/2018 3:20 PM Special Olyn,pics Maryland Please join us for Breakfast with Special Olympics Maryland on Wednesday, March 14th ! Interscholastic Unified Sports (IUS) celebrates its 10th year in Maryland. Since its inception IUS has provided training and competition in five sports for over 20,000 students with and without intellectual disabilities in 21 of 24 school systems across Maryland. Join us on March 14th to celebrate our athletes as leaders in creating a world where opportunity is not limited by disability. Enjoy breakfast courtesy and hear a Special Olympics Maryland athlete share a compelling life story at 8:15, 8:45 or 9:10. March 14, 2018 Lowe House Office Building Room 180 ..__ Please contact Danielle Weddle at dweddle@somd.org or call 410-242-1515, extension 125 by 3pm on Monday, March 12, 2018 to RSVP MDG-18-0397-A-000178 Senate Bill 817- Letters to Senator Conway Subject: From: Senate Bill 817- Letters to Senator Conway John Pica Date: 2/6/2018 1:34 PM Attachments: D Sunday Hunting Bill Letters.docx (20.4 KB) CC: 'Jake McGuigan' , 'Trevor Santos' , 'Allison Cordell -DNR-' , "jeannie.riccio@maryland .gov" , "kara@sportsmenslink.org" , Bill Miles , John Pica To: "ydm@abacuscorporation .com" , "efh@baltimoreblast.com" , "paulsusiel@gmail.com" , "rwade@loan//ocis.com" , "hfrank@hearst.com" , "abrownconsu1ting8312@gmail.com" , "ehale@haletrans.net" , "jfountain@garrisonadvisors.com" , "tobybozzuto@bozzuto.com" , "tbozzuto@bozzuto.com" , 'Phil Federico' , "rwade@loanlocis.com" All Attached are 3 sample letters in support of SB 817. Please choose a letter and send to Senator Conway. Let's get as many people possible to send letters. Thanks. Mail to: Senator Joan Carter Conway 2 West Miller Senate Office Building 11 Bladen Street Annapolis, MD 21401 Phone: 410-841-3145 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis , MD 21401 41 0 990 1250 Off ice 41 0 446 4600 l\lobile 410 280 2546 Fax Website- w w w .johnpica.com Member, Maryland Senate 1983 to 1998 MDG-18-0397-A-000179 1 of3 7/19/2018 2:05 PM Sunday Hunting Bill Letters LETTER#1Re: Senate Bill 817 SUPPORT Dear Senator Conway, I'm writing to ask for your support for SB 817. I'm an avid hunter. Because of my work schedule, I am only able to hunt on weekends. SB___ would allow the Department of Natural Resources to implement additional days of Sunday hunting. I frequently bring guests with me. This bill would add a day of hunting on some weekends and enable guests to spend an additional day with me and my family. Please vote in favor of SB 817. Sincerely, LETTER#2Regarding: Senate Bill 817 SUPPORT Dear Senator Conway, Please vote in favor of Senate Bill 817. I hunt on weekends with my kids and would really enjoy an extra day hunting with my family. Please vote in favor of Senate Bill 817. Thank you. Very truly yours, LETTER#3 Re: SUPPORTSENATEBILL817 Dear Senator Conway, Please support Senate Bill 817. There are a limited number of days we are able to hunt in Maryland. With your support of this bill, we would be able to enjoy a longer weekend with our family and friends. Please vote in favor of SB 817. Your vote is very important. Thank you. Sincerely, MDG-18-0397-A-000180 Letter to HGO Subject: Letter to HGO From: John Pica Date: 1/15/201811:25 AM Attachments: 0 HOUSE BILL 2- LETTERTO CHAIR AND MEMBERS.docx (21.4 KB) To: Kaitlin Marsden -GOV- John A. Rea, Jr. Rea & Associates, LLC 14 State arcle Annapolis, MD 21401 410 990 1250 Off ice 410 446 4600 l'vbbile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to 1 ofl Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000181 7/19/2018 2:19 PM HOUSEBILL 2- NATALIELaPRADEMEDICAL CANNABISCOMMISSION REFORMACT SUPPORT Dear Chair Pendergrass and Members, I represent Alternative Medicine Maryland ("AMM") . Ninety-eight percent of the shares of AMM are owned by African-American investors, primarily from the state of Maryland. The majority owner, principal, and leader of AMM is Dr. Greg Daniel. Dr. Daniel is an emergence room surgeon. Dr. Daniel founded The Exigence Group, an organization that grew to comprise over 50 business entities including emergency medicine practices, hospitalist programs, urgent care centers, primary care and specialty practices and real estate development enterprises. He served as CEOuntil May 2012 when The Exigence Group joined Team Health, a publicly traded health care company. Dr. Daniel also founded Urgent Care, and as a result of his experience with medical clinics, AMM was nd awarded a medical cannabis dispensary that will be located in the 32 legislative district on Crain Highway N. AMM supports House Bill 2. The legislation will correct an egregious mistake made by the former members of the Natalie LaPrade Medical Cannabis Commission. Without delving into the unfortunate actions of the former Commission, House Bill 2 guarantees that the Commission will follow the original intent of the law and properly score medical cannabis grower applications in the manner intended by the General Assembly. John A. Pica, Jr. Pica & Associates MDG-18-0397-A-000182 RE: Sunday Hunting Legislation Subject: RE: Sunday Hunting Legislation From: John Pica Date: 2/1/2018 11:53 AM Attachments: Sunday Hunting Bill- FINAL DRAFT.pdf (1.7 MB) CC: Jake McGuigan , "Trevor Santos (tsantos@nssf.org)" , 'Allison Cordell -DNR-' , , Bill Miles "jeannie.riccio@maryland.gov" , "kara@sportsmenslink.org" To: "ydm@abacuscorporation.com" , "efh@baltimoreblast.com" , , "rwade@loan//ocis.com" "hfrank@hearst.com" , , "jfountain@garrisonadvisors.com" "tobybozzuto@bozzuto.com" , "rwade@loanlocis.com" "paulsusiel@gmail.com" , "abrownconsulting8312@gmail.com" "ehale@haletrans.net" , , , "tbozzuto@bozzuto.co m" Phil Federico , All Attached is the final draft of the Sunday Hunting bill. It will be turned into the clerk's office for introduction today or tomorrow. We should have a bill number by Tuesday. Once we get a bill number we can begin writing letters to legislators and making phone calls. I'll get back to everyone next week. Please call me if you have any questions. John John A. Pica, Jr. Pica & Associates, LLC 14 State arcle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From:John Pica MDG-18-0397-A-000183 1 of 4 7/19/2018 2:04 PM RE: Sunday Hunting Legislation Sent: Saturday, January 27, 2018 6:34 PM To: 'ydm@abacuscorporation.com' ; 'tomfrank@frankindustries.com' ; 'efh@baltimoreblast.com' ; 'paulsusiel@gmail.com' ; 'rwade@loan//ocis.com' ; 'hfrank@hearst.com' ; 'abrownconsulting8312@gmail.com' ; 'ehale@haletrans.net' ; 'jfountain@garrisonadvisors.com' ; 'tobybozzuto@bozzuto.com' ; 'tbozzuto@bozzuto.com' ; 'Phil Federico' Cc:'Jake McGuigan' ; Trevor Santos (tsantos@nssf.org) ; 'Allison Cordell -DNR-' ; 'Bill Miles' ; John Pica Subject: Sunday Hunting Legislation All, Great seeing everyone this morning. I appreciate your interest in participating in the process of passing a bill that would allow Sunday hunting during the waterfowl season. Allison and I would like you to write a letter to Senator Joan Conway and a couple members of the committee. It would be very helpful if you testified at the committee hearing. We don't yet have a hearing date. The draft of the bill is attached. We'll know the hearing date within the next two weeks. I will schedule a meeting with Senator Conway and the House chair- Delegate Kumar Barve. For waterfowl hunting, the bill gives DNR authority to implement full-day Sunday hunting as well as Sunday hunting with limited hours. DNR's intention is to allow full-day Sunday hunting for waterfowl hunting. The bill restricts the number of full-day deer hunting on Sundays. The bill keeps in place the existing hunting days in different counties. There are restrictions in the bill only for deer hunting. Below are the relevant sections. Here's the language related to waterfowl hunting(C) SUBJECT TO SECTION 10-415, THE DEPARTMENT MAY ALLOW A PERSON TO HUNT ON SUNDAY: ( 1) ON PRIVATE PROPERTY SUBJECT TO § 10-411 OF THIS SUBTITLE; (2) DEPARTMENT; ON PUBLIC LAND DESIGNATED FOR SUNDAY HUNTING BY THE (3) IN ACCORDANCE WITH A VALID FALCONRY PERMIT FROM THE DEPARTMENT TO HUNT GAME BIRDS OR MAMMALS DURING THE SEASON MDG-18-0397-A-000184 2 of 4 7/19/2018 2:04 PM RE: Sunday Hunting Legislation FOR USE OF RAPTORS; (4) CHASING; AND ON PRIVATE OR PUBLIC LAND IN UNARMED ORGANIZED FOX (5) ON A REGULATED SHOOTING GROUND ESTABLISHED IN ACCORDANCE WITH§ 10-906 OF THIS TITLE. Language related to deer hunting(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, THE DEPARTMENT MAY ALLOW A PERSON TO HUNT DEER ON A SUNDAY UNDER THIS SECTION ONLY FROM 30 MINUTES BEFORE SUNRISE UNTIL 10:30 A.M. (2) HUNTING SHALL BE ALLOWED FROM 30 MINUTES PRIOR TO SUNRISE UNTIL 30 MINUTES AFTER SUNSET ON: (I) THREE SUNDAYS DESIGNATED BY THE DEPARTMENT IN DEER FIREARMS SEASON; AND (11)TWO SUNDAYS DESIGNATED BY THE DEPARTMENT IN DEER MUZZLE LOADER SEASON. (3) THE TIME RESTRICTIONS ESTABLISHED IN THIS SUBSECTION DO NOT APPLY DURING DEER ARCHERY SEASON. (E) IN ADDITION TO THE SUNDAY HUNTING DAYS ALLOWED IN SECTION 10-410 AND SUBJECT TO SUBSECTION 10-410 (F), THE DEPARTMENT MAY ALLOW ADDITIONAL SUNDAY HUNTING FROM 30 MINUTES PRIOR TO SUNRISE UNTIL 30 MINUTES AFTER SUNSET IN A COUNTY (F) SUBJECT TO PARAGRAPH (1) OF THE SUBSECTION, NO COUNTY MAY HAVE MORE THAN THREE SUNDAYS HUNTING DEER FROM 30 MINUTES PRIOR TO SUNRISE UNTIL 30 MINUTES AFTER SUNSET DURING DEER FIREAMR SEASON OR MORE THAN TWO SUNDAYS HUNTING DEER FROM 30 MINUTES PRIOR TO SUNRISE UNTIL 30 MINUTES AFTER SUNSET DURING MUZZLE LOADER SEASON. John A. Rea, Jr. Rea & Associates, LLC 14 State Orcle Annapolis, MD 21401 410 990 1250 Off ice MDG-18-0397-A-000185 3 of 4 7/19/2018 2:04 PM RE: Sunday Hunting Legislation 410 446 4600 tvbbile 41 0 280 2546 Fax Website- www.johnpica.c om Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000186 4of 4 7/19/2018 2:04 PM M2 8lr2564 CF 8lr2563 Bill No.: ________ _ Requested: _______ _ Committee: _______ Drafted by: Tracy Typed by: Fran Stored - 01/31/18 Proofread by - • Checked by-~~---------- n=-1------ _ By: Delegates Anderton and Ghrist A BILL ENTITLED 1 AN ACT concerning Natural Resources - Hunting- 2 3 4 5 6 7 8 9 10 11 12 13 14 Sundays FOR the purpose of repealing a certain prohibition against hunting on a Sunday and authorizing the Department of Natural Resources to allow a person to hunt on a Sunday on certain land; authorizing the Department to allow a person to hunt deer in a county for a half day on certain Sundays; authorizing the Department to allow a person to hunt deer in a county for a full day on certain Sundays in certain deer seasons; requiring the Department to adopt certain regulations on or before a certain date; and generally relating to Sunday hunting. BY repealing and reenacting, with amendments, Article - Natural Resources Section 10-410(a) Annotated Code of Maryland (2012 Replacement Volume and 2017 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: Article - Natural Resources 17 18 10-410. EXPLANATION: CAPITALS INDICATEMA'ITERADDED TO EXISTINGLAW. [Brackets] indicate matter deleted from existing law. 111111111 1111111111111 111111111111111111 LR as prepared on Wednesday-January 31, 2018-01:28:37pm MDG-18-0397-A-000187 8lr2564 1 2 3 4 5 6 7 8 9 10 11 (a) (1) [Except as otherwise provided in this subsection, a person may not hunt any game bird or mammal on Sundays] SUBJECT TO THE PROVISIONS OF THIS SUBSECTION AND§ 10-411 OF THIS SUBTITLE, THE DEPARTMENT MAY ALLOW A PERSON TO HUNT ON SUNDAY ON PRIVATE PROPERTY OR ON PUBLIC LAND DESIGNATED BY THE DEPARTMENT. (2) The following persons may hunt the specified game birds and mammals on Sundays: (i) A person using State certified raptors to hunt game birds or mammals during open season; (ii) An unarmed person participating in an organized fox chase to (iii) Provided that the provisions of§ 10-906(b)(3) of this title are chase foxes; 12 13 met, a person: 14 15 1. Using a regulated shooting ground under § 10-906 of this title to hunt the following pen-reared game birds: 16 A. Pheasants; 17 B. Bobwhite quail; 18 C. Chukar partridge; 19 D. Hungarian partridge; 20 E. Tower released flighted mallard ducks; and 21 22 F. Turkey on a regulated shooting ground that was permitted to release turkey before September 1, 1992; and 23 24 25 2. Having the written permission of the owner of the land or other person designated by the owner of the land, if the land is owned or leased by a person other than the person hunting on Sundays; -2- LR as prepared on Wednesday-January MDG-18-0397-A-000188 31, 2018-0l:28:37pm 8lr2564 1 2 3 4 5 (iv) Subject to the provisions of§ 10-411 of this subtitle, in Calvert, Caroline, Carroll, Charles, Dorchester, Harford, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties, a person hunting deer on private property with a bow and arrow or crossbow during open season on the last three Sundays in October and the second Sunday in November; 6 In Calvert County, Caroline County, Carroll County, Charles County, Dorchester County, Kent County, and St. Mary's County, a person hunting turkey on private property on any Sunday during the spring turkey hunting season; 7 8 (v) 10 11 (vi) In Dorchester County, a person hunting turkey on public land that is designated for hunting by the Department on any Sunday during the spring turkey hunting season; and 12 13 A person hunting deer under a Deer Management Permit on any Sunday throughout the year, including all deer hunting seasons. 14 15 16 17 (3) Subject to the provisions of§ 10-415 of this subtitle, in Calvert County, Caroline County, Charles County, Harford County, Queen Anne's County, St. Mary's County, Somerset County, and Worcester County, a person may hunt deer on private property on: 9 (vii) 18 (i) The first Sunday of the bow hunting season in November; and 19 (ii) Each Sunday in the deer firearms season. 20 21 22 Provided that the provisions of§ 10-415 of this subtitle are met and subject to paragraph (5) of this subsection, the Department may allow a person to hunt deer on private property on the first Sunday of: (4) 23 (i) The bow hunting season in November; and 24 (ii) The deer firearms season. 25 26 (5) Subject to paragraphs (10) and (11) of this subsection, the Sunday deer hunting provisions under paragraph (4) of this subsection do not apply: -3- LR as prepared on Wednesday - January MDG-18-0397-A-000189 31, 2018-01:28:37pm 8lr2564 1 2 (6) 4 6 7 8 9 10 11 12 13 14 15 In Baltimore, Howard, Kent, Montgomery, and Prince George's (ii) In Baltimore City. (i) This paragraph applies only in Carroll County. counties; and 3 5 (i) Subject to§§ 10-411 and 10-415 of this subtitle, the Department may allow a person to hunt deer on a Sunday on private property from the first Sunday in October through the second Sunday in January of the following year, inclusive. (ii) A person who is 16 years of age or younger may hunt deer with a firearm on a Sunday through participation in the junior deer hunt established under § 10-405(a) of this subtitle. (7) (8) (i) This paragraph applies only in Allegany County, Garrett County, and Washington County. The Department may allow a person to hunt any game bird or game mammal, except migratory game birds and wetland game birds, on a Sunday during the open season for that game bird or game mammal on: (ii) 16 1. Private property, subject to § 10-411 of this subtitle; and 17 18 2. Public land that is designated for Sunday hunting by the Department. 19 20 21 22 (9) (i) This paragraph applies only in Frederick County. Subject to§ 10-415 of this subtitle, the Department may allow a person to hunt deer on a Sunday from the first Sunday in October through the second Sunday in January of the following year, inclusive, on: (ii) 23 1. Private property, subject to§ 10-411 of this subtitle; and 24 25 2. Public land that is designated for Sunday hunting by the Department. - 4- LR as prepared on Wednesday-January 31, 201B-Ol:28:37pm MDG-18-0397-A-000190 8lr2564 (10) 1 2 3 4 5 6 7 8 9 (i) This paragraph applies only in Kent County. (ii) Subject to §§ 10-411 and 10-415 of this subtitle and subparagraph (iii) of this paragraph, the Department may allow a person to hunt deer on a Sunday on private property throughout all deer hunting seasons. Except as provided in subsubparagraph 2 of this subparagraph, during firearms season, the Department may allow a person to hunt deer on a Sunday only from 30 minutes before sunrise until 10:30 a.m. (iii) 1. 2. The time restrictions A. To a participant in the junior deer hunt under § 10-405(a) under this subparagraph do not apply: 10 11 of this subtitle; and 12 13 On private land only on one Sunday designated by the Department during the firearms season. B. (11) 14 (i) This paragraph applies only in Montgomery County. 15 16 17 Subject to§ 10-415 of this subtitle, the Department may allow a person to hunt deer on a Sunday throughout the deer hunting season on private property, subject to§ 10-411 of this subtitle. 18 19 20 Except as provided in subsubparagraph 2 of this subparagraph, the Department may allow a person to hunt deer on a Sunday under this paragraph only from 30 minutes before sunrise until 10:30 a.m. 21 22 (ii) (iii) 1. 2. The time restrictions A. To a participant in the junior deer hunt under § 10-405(a) under this subparagraph do not apply: 23 24 of this subtitle; 25 B. On private land only on one Sunday designated by the Department during deer bow hunting season; and 26 - 5- LR as prepared on Wednesday-January 31, 201B-01:2B:37pmMDG-18-0397-A-000191 8lr2564 1 2 3 4 5 6 7 8 C. On private land only on one Sunday designated by the Department during the firearms season. (12) (I) SUBJECT TO SUBPARAGRAPH (Il) OF THIS PARAGRAPH, THE DEPARTMENT MAY ALLOW A PERSON TO HUNT DEER ON ANY ADDITIONAL SUNDAY IN A COUNTY FROM 30 MINUTES BEFORE SUNRISE UNTIL 10:30 A.M. ONLY. (II) THE DEPARTMENT MAY ALLOW A PERSON TO HUNT DEER ON ANY ADDITIONAL SUNDAY IN A COUNTY FROM 30 MINUTES BEFORE SUNRISE UNTIL 30 MINUTES AFTER SUNSET ON: 9 1. THREE SUNDAYS IN DEER FIREARMS SEASON; 10 11 2. Two SUNDAYS IN DEER MUZZLELOADER SEASON; 3. ALL SUNDAYS IN DEER BOW HUNTING SEASON. 12 AND 13 14 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2018, the Department of Natural Resources shall adopt regulations to implement this Act. 15 16 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, 2018. -6- LR as prepared on Wednesday-January 31, 2018-0l:28:37pm MDG-18-0397-A-000192 Fwd: FW: LEGISLATIVERECEPTION-JANUARY10 Subject: Fwd : FW: LEGISLATIVERECEPTION- JANUARY 10 From: Kyle Gilbert -GOV- Date: 1/10/2018 Attachments: 0 To: Amanda Allen -GOV- 1:18 PM OPENING DAY 2018 SESSIONINVITATION.docx (17.8 KB) ---- ------ Forw arded message ----- ---- From : John Pica Date : Wed, Jan 3, 2018 at 7:35 PM Subject : FW: LEGISLATIVERECEPTION-JANUARY 10 To: John Pica KYLE- HOPE YOU CAN MAKE IT. PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARYLAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS MDG-18-0397-A-000193 1 of3 7/19/2018 11:48 AM Fwd: FW: LEGISLATIVERECEPTION-JANUARY10 OYSTERS, STEAK, SHRIMP, PEN NE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 41 O 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kyle Gilbert Special Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kyle.Gilbert@maryland.gov MDG-18-0397-A-000194 2 of3 7/19/2018 11:48 AM Fwd: FW: LEGISLATIVERECEPTION-JANUARY10 410-974-5874 (office) MDG-18-0397-A-000195 3 of3 7/19/2018 11:48 AM YOU'RE INVITED TO A LEGISLATIVERECEPTION OPENING DAV OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERALASSEMBLYINVITED HOSTEDBY JOHN PICA and PICA & ASSOCIATES WEDNESDAY,JANUARY 10 from NOON TO 4 PM STATEHOUSEINN - 25 STATECIRCLE-- ANNAPOLIS OYSTERS,STEAK,SHRIMP, PENNEVODKA AND DESSERT WINE, BEER,AND REFRESHMENTSWILL BE SERVED! MDG-18-0397-A-000196 REMINDER-LEGISLATIVE RECEPTION- JANUARY 10 Subject: REMINDER-LEGISLATIVE RECEPTION-JANUARY10 From: John Pica Date: 1/8/2018 8:38 PM Attachments: 0 OPENINGDAY2018 SESSIONINVITATION.docx(17.8 KB) To: "lt.governor@maryland.gov" , "sam.malhotra@maryland.gov" , "andrea.garvey@maryland.gov" , "mark.newgent@maryland.gov" , "sean.powell@maryland.gov" , "shawn.eum@maryland.gov" , ~ "jeannie.riccio@maryland.gov" , "tiffany.robinson@maryland.gov" , "carly.hviding@maryland.gov" , "martin.madden@maryland.gov" "robert.scholz@maryland.gov" , , "christopher.shank@maryland.gov" , "keiffer.mitchell@maryland.gov" , "douglass.mayer@maryland.gov" , "amelia.chasse@maryland.gov" , "robert.neall@maryland.gov" , "chris .cavey@maryland.gov" , "mdsos@sos .state.md.us" , "rona.kramer@maryland.gov" , "joe.bartenfelder@maryland.gov" , "james.eichhorst@maryland.gov" , "david.brinkley@maryland.gov" , "marc.nicole@maryland.gov" , "mike.gill@maryland.gov" , "ben.wu@maryland.gov" , "carol.beatty@maryland.gov" , "william.frank@maryland.gov" , "karen.salmon@maryland.gov" , "ben.grumbles@maryland.gov" , "horacio.tablada@maryland .gov" ~horacio.tablada@maryland.gov>, "ellington.churchill@maryland.gov" , "nelson.reichart@maryland.gov" , "dennis.schrader@maryland.gov" , "barbara.bazron@maryland.gov" , "bernard.simons@maryland.gov" , "kenneth.holt@maryland.gov" , "gregory.james@maryland.gov" , "craig.eichler@maryland.gov" , "ann.flagg@maryland.gov" , "michael.leahy@maryland.gov" , MDG-18-0397-A-000197 1 of3 7/19/2018 11:50 AM REMINDER-LEGISLATIVERECEPTION-JANUARY10 "lance.schine@maryland.gov" , "sam.abed@maryland.gov" , "linda.mcwilliams@maryland.gov" , "lynette.holmes@maryland.gov" , "kelly.schulz@maryland.gov" , "david.mcglone@maryland.gov" , "mark.belton@maryland.gov" , "joanne.throwe@maryland.gov" , "wendi.peters@maryland.gov" , "ewing.mcdowell@maryland.gov" , "secretary.dpscs@maryland.gov" , "william.stewart@maryland.gov" , "michael.zeigler@maryland.gov" , "msp.superintendent@maryland.gov" , "brian.geraci@maryland.gov" , "secretary@mdot.state.md.us" , "rlewisl@mdot.state.md.us" , "jports@mdot.state.md.us" , "secretary.mdva@maryland.gov" , "james.fielder@maryland.gov" , "linda.l.singh.mil@mail.mil" , "lourdes.padilla@maryland.gov" , "michael.leahy@maryland.gov" , "glenn.fueston@maryland.gov" , "jimmy.rhee@maryland.gov" , "britta .vanderlinden@maryland.gov" PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARYLAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS MDG-18-0397-A-000198 2 of3 7/19/2018 11 :50 AM REMINDER-LEGISLATIVE RECEPTION-JANUARY 10 OYSTERS, STEAK, SHRIMP, PENNE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! John A. Pica, Jr. Pica & Associates, LLC 14 State arcle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 l'vbbile 41 0 280 2546 Fax Website- www .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000199 3 of3 7/19/2018 11:50 AM YOU'RE INVITED TO A LEGISLATIVERECEPTION OPENING DAV OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERALASSEMBLY INVITED HOSTEDBY JOHN PICA and PICA & ASSOCIATES WEDNESDAY,JANUARY 10 from NOON TO 4 PM STATEHOUSE INN - 25 STATECIRCLE-- ANNAPOLIS OYSTERS,STEAK,SHRIMP, PENNEVODKA AND DESSERT WINE, BEER,AND REFRESHMENTSWILL BE SERVED! MDG-18-0397-A-000200 INVITATION TO LEGISLATIVERECEPTION-JANUARY10 Subject: From: Date: Attachments: To: INVITATIONTO LEGISLATIVE RECEPTION-JANUARY10 John Pica 1/2/2018 5:54 PM 0 OPENINGDAY2018 SESSIONINVITATION.docx(17.8 KB) Paul Beatty -GOV- , "matthew.clark@maryland.gov" , "kaitlin.marsden@maryland.gov" , "jeanne.riccio@maryland.gov" , "digohs_gov@maryland.gov" , "sean.powell@maryland.gov" , "chris.cavey@maryland.gov" , "amelia.chasse@maryland.gov" , "hannah.marr@maryland.gov" , "robert.neall@maryland.gov" , "courtney.highsmith@maryland.gov" , "sen.powell@maryland.gov" , Tiffany Robinson -GOV, "mathew.palmer@maryland.gov" , "douglass.mayer@maryland.gov" , "martin.madden@maryland.gov" , "lt.governor@maryland.gov" , "john.wobensmith@maryland.gov" , "rona.kramer@maryland .gov" , "joseph .bartenfelder@maryland.gov" , "david.brinkley@maryland.gov" , "mike.gill@maryland.gov" , "carol.beatty@maryland.gov" , "karen.salmon@maryland.gov" , "ben.grumbles@maryland.gov" , Kevin Igoe -DBM- , "ellington.churchil@maryland.gov" , 11 dennis.schrader@maryland.gov" , "kenneth.holt@maryland.gov" , "lourdes .padilla@maryland.gov" , "michael.leahy@maryland.gov" , "sam.abed@maryland.gov" , "kelly.schulz@maryland.gov" , "david.mcglone@maryland.gov" , "mark.belton@maryland.gov" , "robert.mccord@maryland.gov" , "secretary.dpscs@maryland.gov" , "william.pallozzi@maryland .gov" , "secretary@mdot.state.md.us" , "james.fielder@maryland.gov" MDG-18-0397-A-000201 1 of2 7/19/2018 2:02 PM INVITATIONTO LEGISLATIVE RECEPTION-JANUARY 10 , "wendi.peters@maryland.gov" , "christopher.shank@maryland.gov" , "chris .cavey@maryland.gov" , John Pica , Josh Swanner YOU ARE INVITED TO JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PEN NE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! John A. Aca , Jr. Aca & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 41 0 446 4600 fvbbile 410 280 2546 Fax Website- www.johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000202 2 of2 7/19/2018 2:02 PM YOU'RE INVITED TO A LEGISLATIVERECEPTION OPENING DAV OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERALASSEMBLYINVITED HOSTEDBY JOHN PICA and PICA & ASSOCIATES WEDNESDAY,JANUARY 10 from NOON TO 4 PM STATEHOUSE INN - 25 STATECIRCLE-- ANNAPOLIS OYSTERS,STEAK,SHRIMP, PENNEVODKA AND DESSERT WINE, BEER,AND REFRESHMENTSWILL BE SERVED! MDG-18-0397-A-000203 FW: LEGISLATIVE RECEPTION- JANUARY 10 Subject: FW: LEGISLATIVERECEPTION-JANUARY10 From: John Pica Date: 1/9/2018 1:18 PM Attachments: 0 OPENING DAY2018 SESSIONINVITATION.docx (17.8 KB) To: "kara.bowman@maryland.gov" Kara- hope you can come by tomorrow. PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARYLAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PEN NE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! John A. Aca, Jr. Aca & Associates, LLC 14 State arcle Annapolis, MD 21401 41 0 990 1250 Off ice 41 0 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000204 1 of 1 7/19/2018 2:20 PM YOU'RE INVITED TO A LEGISLATIVERECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PENNE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! MDG-18-0397-A-000205 FW: LEGISLATIVERECEPTION-JANUARY10 Subject: FW: LEGISLATIVERECEPTION-JANUARY 10 From: John Pica Date: 1/3/2018 7:35 PM Attachments: 0 OPENING DAY 2018 SESSION INVITATION.docx (17.8 KB) To: John Pica KYLE- HOPE YOU CAN MAKE IT. PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARY LAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARY LAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PEN NE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! John A. Aca, Jr. Aca & Associates, LLC 14 State arcle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 IVobile 410 280 2546 Fax Website- www .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000206 1 of 1 7/19/2018 2:50 PM YOU'RE INVITED TO A LEGISLATIVERECEPTION OPENING DAV OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PENNE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! MDG-18-0397-A-000207 FW: MACO BREAKFASTINVITATION Subject: FW: MACO BREAKFASTINVITATION From: John Pica Date: 7/7/2018 8:56 AM Attachments: 0 MACO CONFERENCEBREAKFASTINVITATION.docx(18.5 KB) To: "lt.governor@maryland.gov" , "sam.malhotra@maryland.gov" , "andrea.garvey@maryland.gov" , "mark.newgent@maryland.gov" , "sean.powell@maryland.gov" , "shawn.eum@maryland.gov" , "jeannie.riccio@maryland.gov" , "tiffany.robinson@maryland.gov" , "carly.hviding@maryland.gov" , "martin.madden@maryland.gov" "robert.scholz@maryland.gov" , , "christopher.shank@maryland.gov" , "keiffer.mitchell@maryland.gov" , "douglass.mayer@maryland.gov" , "amelia.chasse@maryland.gov" , "robert.neall@maryland.gov" , "chris.cavey@maryland.gov" , "mdsos@sos.state.md.us" , "rona.kramer@maryland.gov" , "joe.bartenfelder@maryland.gov" , "james.eichhorst@maryland.gov" , "david.brinkley@maryland.gov" , "marc.nicole@maryland.gov" , "mike.gill@maryland.gov" , "ben.wu@maryland.gov" , "carol.beatty@maryland.gov" , "william.frank@maryland.gov" , "karen.salmon@maryland.gov" , "ben.grumbles@maryland.gov" , "horacio.tablada@maryland.gov" , "ellington.churchill@maryland.gov" , "nelson.reichart@maryland.gov" , "dennis.schrader@maryland.gov" , "barbara.bazron@maryland.gov" , "bernard.simons@maryland.gov" , "kenneth.holt@maryland.gov" , "gregory.james@maryland.gov" , "craig.eichler@maryland.gov" , "ann.flagg@maryland.gov" , "michael.leahy@maryland.gov" , MDG-18-0397-A-000208 1 of3 7/19/2018 3:36 PM FW:MACOBREAKFAST INVITATION "lance.schine@maryland.gov" , "sam.abed@maryland.gov" , "linda.mcwilliams@maryland.gov" , "lynette.holmes@maryland.gov" , "kelly.schulz@maryland.gov" , "david.mcglone@maryland.gov" , "mark .beJton@maryland.gov" , "joanne.throwe@maryland.gov" , "wendi.peters@maryland.gov" , "ewing.mcdowell@maryland.gov" , "secretary.dpscs@maryland.gov" , "william.stewart@maryland.gov" , "michael.zeigler@maryland.gov" , "msp.superintendent@maryland.gov" , "brian.geraci@maryland.gov" , "secretary@mdot.state.md.us" , "rlewisl@mdot.state.md.us" , "jports@mdot.state.md.us" , "secretary.mdva@maryland.gov" , "james.fielder@maryland.gov" , "linda.l.singh.mil@mail.mil" , "lourdes.padilla@maryland.gov" , "michael.leahy@maryland.gov" , "glenn.fueston@maryland.gov" , "jimmy.rhee@maryland.gov" , "britta.vanderlinden@maryland.gov" JOHN A. PICA JR. MACO CONFERENCE BREAKFAST JOIN US FOR BREAKFAST AT THE BIG EASY ON 60 IN OCEAN CITY, MARYLAND OPEN TO ALL FRIENDS, LEGISLATORS, CITY & COUNTY OFFICIALS, AND EXECUTIVE BRANCH FRIDAY, AUGUST 17 OCEAN HIGHWAY AND 60TH STREET 8:00 to 10:30 AM Omelet Station, Pancakes, Waffles, Scrambled Eggs, Ham, Bacon, Sausage, Home Fries, Cream Chipped Beef, Biscuits, Bloody Mary and Mimosa Bar- Beverages and Juice Bar MDG-18-0397-A-000209 2 of3 7/19/2018 3:36 PM FW: MACO BREAKFASTINVITATION John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 l'vbbile 410 280 2546 Fax Website- w w w .johnpica.c om Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000210 3 of3 7/19/2018 3:36 PM UOHN A. PICA JR. MACO CONFERENCE BREAKFASli ~--~ ~~~~ JOIN US FOR BREAKFAST AT THE BIG EASY ON 60 IN OCEAN CITY, MARYLAND OPEN TO ALL LEGISLATORS, CITY & COUNTY OFFICIALS, AND EXECUTIVE BRANCH FRIDAY, AUGUST 17 -0 -C-EA _N ___,, HIGHWA Y AND 60 TH S ..__ T_R_E_E~li 8:00 to 10:30 AM Omelet Station, Pancakes, Waffles, Scrambled Eggs, Ham, Bacon, Sausage, Home Fries, Cream Chipped Beef, Biscuits, Bloody Mary and Mimosa Bar- Beverages and Juice Bar MDG-18-0397-A-000211 REMINDER - PICA HOLIDAY PARTY 2017 - THIS SATURDAY! Subject: REMINDER - PICA HOLIDAY PARTY2017 -THIS SATURDAY! From: Josh Swanner Date: 12/13/2017 2:29 PM Attachments:'l!l Pica Holiday Party Invite 2017.pdf (829 KB) To: John Pica *THIS IS A REMINDER EMAIL* John A. Pica, Jr. invites you to a HOLIDAY PARTY Under the Big Tent Hosted by Home Paramount and Walter Tilley Saturday, December 16th 7:00pm to Midnight 4612 Bucks Schoolhouse Road Rosedale, Maryland Dinner, Drinks, Refreshments and Music! Regrets Only - jswanner@johnpica.com Best regards, Josh Swanner, Esquire, Chief of Staff JohnA. Pica,Jr., Pica& Associates,LLC 14 State Circle Annapolis, MD 21401 (410) 990-1250 JSwanner@johnpica.com MDG-18-0397-A-000212 1 of 1 7/19/2018 3:20 PM John Pica Holiday Party UNDER THE BIG TENT REMINDER ! INVITATION - SINE DIE RECEPTION 2018 Subject: REMINDER! INVITATION - SINE DIE RECEPTION 2018 From: John Pica Date: 4/5/2018 10 :42 AM Attachments: D Sine Die 2018 Pica Party.jpeg (406 KB) CC: Josh Swanner To: John Pica REMINDER! SINE DIE RECEPTIONINVITATION Thank you from John Pica, Pica & Associates, Arturo Ottaviano and the Staff of asteria 177 SINE DIE DINNER Monday, April 9th 5:00 PM to 8:00 PM The State House Inn • 25 State Circle Great Italian food prepared by Osteria 177 ALL SENATORSAND DELEGATES INVITED INVITATION ONLY All interns must be accompanied by a Legislator rsvp to jswanner@johnpica.com John A . Rea, Jr. Rea & Associates , LLC 14 State Orcle Annapolis, IVI) 21401 410 990 1250 Office 410 446 4600 l'vbbile 41 0 280 2546 Fax MDG-18-0397-A-000214 1 of2 7/19/2018 1:36 PM REMINDER! INVITATION - SINE DIE RECEPTION2018 Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 THE 2018 SESSION COMES TO AN END Thank you from John Pica, Pica & Associates, and Arturo Ottaviano and the Staff of Osteria 177 SINE DIE DINNER Monday, April 9 th 5:00 PM to 8:00 PM The State House Inn • 25 State Clrde Great Italian food prepared by Osterla 177 ALL SENATORSAND DELEGATESINVITED INVITATIONONLY LEGISLATORSAND GUESTS All interns must be accompanied by a Legislator rsvp to jswanner@johnpica.com MDG-18-0397-A-000215 2 of2 7 /19/20181:36 PM Gun & Hunting Related Bills - Governor Hogan's intentions? Subject: Gun & Hunting Related Bills - Governor Hogan 's intentions? From: "John H Josselyn" Date: 4/19/2018 2:22 PM Attachments:'l!JCBS_2018_Gun_Bills_&_Hearing_Schedules.pdf (111 KB) To: "'Christopher Shank"' Greetings Chris, Attached please find a pdf of the bills we have been tracking during the 2018 Session. Some of these ... bills have already been signed by the Governor. I am writing to ask what Governor Hogan's intentions are regarding the bills which have been returned passed or passed enrolled . Which will the Governor sign and/or allow to become law without his signature. For the record, we were not consulted by MSI or the MSI sub-group calling themselves the Patriot Pickets, and we are not supporting the call for the Governor to veto certain bills. Best regards, JHJ John H. Josselyn 2A Maryland Web Page MDG-18-0397-A-000216 1 of 1 7/26/2018 3:04 PM I• -- 2A MAR.YI.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Hyperlinks: 2A MARYLAND© 2017-2018 Visit Website Click on "Bill #" for current status, "Committee" for Committee information , and "Bill Title" for the actual text of the bill House Gun Related Bills - Page 1 of 2 Bill# Status Committee Position HB 0029 Recommitted to JUD House JUD Support Bill Title HB 0101 Heard 2/06 House JUD No Position HB 0398 Heard 3/06 House JUD Support Public Safety - Handgun Perm it - Applicant Qualifications HB 0402 Heard 3/06 House JUD Oppose Public Safety - Firearms D1sgualificat1ons- Antique Firearm {Shade 's Law) SB 0448 SB 0545 Crossfiled Firearms - Handgun Permit - Preliminary Approval SB 0027 Crimes - Firearms - Penalties SB 0197 n/a Passed Enrolled SENATE Oppose Public Safety - Maryland Violence Intervention and Prevention Program Fund - Establ ishment Unfavorable in JUD House JUD Oppose BallimeFe Gily ,A,mmlclAlli8A Sales HB 0534 Heard 3/06 House JUD No Position HB 0636 Heard 3/06 House JUD Support Bow Hunting - Possess ion of Handguns for Protection n/a HB 0647 Heard 3/06 House JUD Support Public Safety - Permit to Carry, Wear, or Transport a Handgun - Qualifications n/a HB 0692 Heard 3/06 House JUD No Position HB 0724 Heard 3/06 House JUD Support Crim inal Procedure - Forfeiture of Firearms - Sale to Dealer HB 0730 Heard 3/06 House JUD Oppose Public Safety - Transfer of Handguns n/a HB 0739 Heard 3/06 House JUD No Position Public Safety - Handgun Permit - Application Fee Exempt ion n/a HB 0756 Heard 3/06 House JUD Oppose Public Safety - Handguns - Trace Information Database n/a HB 0757 Heard 3/06 House JUD Oppose Public Safety - Handguns Used in Crime - Trace Request n/a HB 0758 Heard 3/06 House JUD No Position HB 0760 Heard 3/06 House JUD Support Handguns - School Emplo:r:ees - Handgun Permits and Carrying Weapons on School Propert:r: n/a HB 0792 Heard 3/06 House JUD Support Firearms - Permit to Wear, Carry, or Transport a Handgun - Expiration and Renewal n/a HB 0813 Heard 3/06 House JUD Oppose Public Safety - Community Program Fund - Firearm Laws n/a HB 0819 Passed Enrolled SENATE Oppose Public Safety - Handgun Perm it Review Board - Repeal HB 0825 Heard 3/06 House JUD Support Public Safet:r:- D1sgualify1ngCrime HB 0888 Returned Passed HOUSE Oppose Criminal Law - Firearm Crimes - Rapid Fire Trigger Act ivator HB 0890 Heard 3/06 House JUD No Position HB 0904 1st Reading Senate Rules Oppose HB 0432 MB Q4€i€i www.mtwashingtonrg.org/legislative-information ReseFd KeepiAg Ria Firearms - Right to Purchase , Own, Possess, and Carry - Medical Cannabis (Patients' Rights Act ) Criminal Procedure - Right of Appeal - Unlawful Possession of Firearm SB602 SB 0126 ? SB 0604 Public Safety- Handgun Permit - Church or RelIgIous Organ1zat1onProperty SB 0156 SB 0741 n/a SB 0707 Correctional Services - Parole Eligibility - Violent Crime Involving a Firearm n/a Weapon-Free Higher Education Zones n/a Page 1 of 6 MDG-18-0397-A-000217 UPDATED : 04/19/2018@ 2:04 PM - - I• 2A MARYi.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 Join Email Click on "Bill #" for current status, "Committee" for Committee information , and "Bill Title" for the actual text of the bill House Gun Related Bills - Page 2 of 2 Crossfiled Bill Title Bill# Status Committee Position MB Q919 Unfavorable in JUD House JUD Oppose Public Safety MB Q991 Unfavorable in JUD House JUD Oppose 'Neason Cnmes HB 1029 Returned Passed SENATE No Position Ria Mandgun PeFmit Renewal SB 1062 Detachable Magazines and Regulated FIFeaFms Possession Criminal Law - Wearing, Carrying, or Transporting Handgun - Subsequent Offender nla SB 0860 HB1031 Heard 3/06 House JUD Oppose Public Safety - Regulated Firearms - Transfer HB1145 Heard 3/06 House JUD Support Public Safety - Handgun Permit - Issuance and Appeal n/a HB 1184 Heard 3/06 House JUD Support Criminal Law - Theft of a Firearm - Penalty n/a HB 1189 Heard 3/06 House JUD Support Public Safety - Handgun Permits - Protective Order and Peace Order HB 1302 Passed Enrolled Hse & Sen No Position Public Safety - Extreme Risk Prevention Orders (new title as "Red Flag" legislation) n/a HB 1337 Heard 3/06 House JUD No Position Public Safety - Handgun Permits - Active, Reserve. or Retired Military n/a HB1413 Heard 3/06 House JUD Support Handgun Permits - Firearms Training Courses n/a HB 1431 Heard 3/06 House JUD Support Public Safety - Handgun Permit - Applicant Qualifications n/a HB 1441 Heard 3/06 House JUD No Position Firearms - Right to Purchase, Possess. and Carry - Use of Medical Cannabis n/a MB 1474 Unfavorable in JUD House JUD No Position DFiveF'sLicenses Ria HB 1522 Heard 3/06 House JUD Support SB 0497 Rm1ocal1onfoF F1FeaFmson School Property n/a Handgun Permits - Universal Recognition SB 1153 Handgun Permits - Criminal History Check - Fingerprint Submission Excep tion HB 1534 Heard 3/06 House JUD No Position HB 1538 Heard 3/06 House JUD Support Public Safe ty - Handgun Permits - Scope n/a HB1551 Heard 3/06 House JUD Support Public Safety - Assault Weapons - Replacements n/a MB Hi€i2 Unfavorable in JUD House JUD No Position HB 1646 Passed Enrolled Hse & Sen Oppose Criminal Procedure - Firearms - Transfer SB 1036 HB 1659 Heard 3/06 House JUD Support Public Safety - Rifles and Shotguns - Purchases SB 0789 HB 1724 1st Reading House Rules Oppose Gun-Free Higher Education Zones MB 1774 Unfavorable in JUD House JUD Oppose Task FoFGoto Study effectiveness of enfoFGemenl of ReslFictions on the Possession of Regulated FireaFms Peace OFdeFSand PFOlecli\1e OFdeFs SuFFendeFof FiFeaFms Ria n/a No Position Primary and Secondary Schools - Armed School Resource Officers HB 1801 1st Reading House Rules HB 1805 1st Reading House Rules Oppose Election Law - Fund-Raising and Donations in Connection With a Campaign - Prohib1t1onon Firearms HB 1807 Heard 3/16 House JUD Oppose Criminal Law - Threat of Mass Violence and Deadly Weapons on Public School Property www.mtwashingtonrg.org/legislative-information Page 2 of6 Ria SB 1226 n/a SB 1250 MDG-18-0397-A-000218 UPDATED: 04/19/2018@ 2:04 PM I• -- 2A MARYi.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 Click on "Bill #" for current status, "Committee" for Committee information , and "Bill Title" for the actual text of the bill Senate Gun Related Bills - Page 1 of 2 Bill# Status Committee Position Bill Title SB 0027 Recommitted to JUD House JUD Support Firearms - Handgun Permit - Preliminary Approval SB QQ74 Unfavorable in JPR Senate JPR Oppose Cr1m1nalLaw Firearms Crimes SB 0099 Heard 1/17 Senate JPR Support Public Safety - Permit to Carry. Wear. or Transport a Handgun - Qualifications n/a SB G1aJ Unfavorable in JPR Senate JPR Oppose Firearms Ria SB 0125 Heard 1/30 Senate JPR No Position Courts and Judicial Proceedings - Interception of Communications - Firearms Crimes SB 0126 Heard 1/30 Senate JPR No Position Criminal Procedure - Right of Appeal - Unlawful Possession of Firearm HB 0692 SB--04-ae Unfavorable in JPR Senate JPR No Position Public Safely HB 0758 SB 0196 Heard 1/30 Senate JPR Support SB 0197 Heard 1/30 Senate JPR No Position SB 0448 Heard 2/13 Senate JPR SB 0472 Heard 2/13 SB 0497 HB 0029 Burne Stock Prohibited Possession Handgun Permit Crossfiled n/a Conviction for Harassment Church or Religious Organization Property Public Safety - Handgun Qualification License - Issuance With Permit to Carry. Wear. or Transport n/a n/a Crimes - Firearms - Penalties HB 0101 Oppose Public Safety - Firearms D1sguahfications - Antique Firearm (Shade 's Law) HB 0402 Senate JPR Support Public Safety - Permit to Wear. Carry. or Transport a Handgun - Expiration and Renewal Heard 2/13 Senate JPR Support Public Safety - Handgun Permits - Protective Order and Peace Order HB 1189 SB 0545 Heard 2/27 Senate B&T Oppose Public Safety - Maryland Violence Intervention and Prevent ion Program Fund - Establishment HB 0432 SB 0602 Heard 2/13 Senate JPR No Position Firearms - Right to Purchase Own Possess . and Carry - Medical Cannabis /Patients· Rights Acll HB 0534 SB 0604 Heard 2/13 Senate JPR Support Criminal Procedure - Forfeiture of Firearms - Sale to Dealer HB 0724 SB 0707 Returned Passed HOUSE Oppose Criminal Law - Firearm Crimes - Rapid Fire Trigger Activator HB 0888 SB 0741 Returned Passed HOUSE Oppose Public Safety - Handgun Permit Review Board - Appeals HB 0819 SB 0789 Heard 2/22 Senate JPR Support Public Safety - Rifles and Shotguns - Purchases HB 1659 SB 0814 Heard 2/22 Senate JPR Support Public Safety - Permit to Carry. Wear. or Transport a Handgun - Qualifications Oppose Public Safety - Regulated Firearms - Transfer SB 0860 Heard 2/28 Senate JPR SB QQQ7 Unfavorable in JPR Senate JPR Oppose SB 0908 Heard 3/06 Senate JPR No Position Public Safety Firearms Database Partial Repeal of Firearms Safety Act of 2013 n/ a n/a HB 1031 Ria n/a SB 1036 Conference Committee Hse & Sen Oppose Criminal Procedure - Firearms - Transfer HB 1646 SB 1062 Heard 2/22 Senate JPR Oppose Weapon Crimes - Detachable Magazines and Regulated Firearms - Possession HB 0991 SB 1153 Heard 3/29 Senate JPR No Position Handgun Permits - Criminal History Check - Fingerprint Submission Exception HB 1534 www.mtwashingtonrg.org/legislative-information Page 3 of 6 MDG-18-0397-A-000219 UPDATED: 04/19/2018@ 2:04 PM ,. .. 2AMARYLAND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 Join Email Click on "Bill #" for current status, "Committee" for Committee information, and "Bill Title" for the actual text of the bill Senate Gun Related Bills - Page 2 of 2 Bill# Status Committee Position SB 1226 Rereferred to EHEA Senate EHEA No Position SB 1250 Heard 4/04 House JUD SB 1262 Heard 3/23 SB_12_6_3 SB 1264 Crossfiled Bill Title Primary and Secondary Schools - Armed School Resource Officers HB 1801 Oppose Criminal Law - Threat of Mass Violence and Deadly Weapons on Public School Property HB 1807 Senate JPR Oppose Public Safety - Background Information for Firearm License Investigations - School Crisis Welfare Officers (School Safety Act 2018 : Prevention) n/a Heard 3/23 Senate JPR Oppose Public Safety - School Mental Health Services and Mental Disorder Weapon Restraining Order (School Safety Act of 2018 : Anticipation ) n/a Heard 3/23 Senate JPR No Position Primary and Secondary Schools - Law Enforcement Presence (School Safety Act 2018 : Deterrence) n/a www.mtwashingtonrg.org/legislative-information Page 4 of6 MDG-18-0397-A-000220 UPDATED: 04/19/2018@ 2:04 PM [• - .. 2A MAR.YI.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Visit Website 2A MARYLAND© 2017-2018 Hyperlinks: Click on "Bill #" for current status, "Committee" for Committee information, and "Bill Title" for the actual text of the bill House Hunting Related Bills - Page 1 of 1 Bill# Status Committee Position Bill Title HB 0007 Returned passed HOUSE Support Income Tax Credit - Venison Donation - Feed the Hungry Organizat ions MB QQQ~ Unfavorable in E&T House E&T Support Natural Resourses HB 0104 Returned Passed I Approved by Gov HB 0172 1 Approved by Gov HB 0119 I I Crossfiled SB 0182 flla Muntina Outerwear ElEseet1on HOUSE Support Natural Resources - Electronic Licensing - Voluntary Donations HOUSE Support Calvert County- Hunting - Deer Management Permits SB 0149 n/a HOUSE Support Montgomery County -Archery Hunting Safety Zone - PosItIon of Archery Hunter MC 24-18 n/a HB 0636 Heard 3/06 House JUD Support Bow Hunting - Possession of Handguns for Protection n/a HB 0712 Heard 2/14 House E&T Oppose Natural Resources - Wildlife Trafficking Prevention n/a HB 1118 Returned Passed HOUSE No Position Hunting - Required Outerwear - Daylight Fluorescent Pink SB 0341 MB ~ ~ 22 Unfavorable in E&T House E&T No Position Natural Resourses SB Q959 HB 1163 Returned Passed HOUSE Support Waterfowl Hunting Guide License - Guide Services for Hunting Snow Geese - Reciprocity HB 1338 Heard 3/07 House E&T Support Natural Resources - Hunting - Sundays MB ~429 Unfavorable in E&T House E&T No Position Natural Resourses Arshery t,luntina Safety Zone flla t,IB ~ 44Q Unfavorable in E&T House E&T Support Natural Resourses t,lunler Safety lnslruslors flla t,IB-4§6..1- Unfavorable in E&T House E&T No Position Natural Resourses t,lunlina House Rules No Position Baltimore County - Hunting - Nongame Birds and Mammals HB 1699 1st Reading t,1unt1na Blask Bears n/a SB 0817 Stale Park Enlranse Fee Outerwear ElEseetion flla SB 1166 See "Legislative Lingo" document for an explanation of status terms www.mtwashingtonrg.org/legislative-information Page 5 of6 MDG-18-0397-A-000221 UPDATED: 04/19/2018@ 2:04 PM I• -- 2A MARYi.AND 2018 Session - Bill Status www.mtwashingtonrg.org/legislative-information Join Email Hyperlinks: Visit Website 2A MARYLAND© 2017-2018 Click on "Bill #" for current status, "Committee" for Committee information, and "Bill Title" for the actual text of the bill Senate Hunting Related Bills - Page 1 of 1 Bill# Status Committee Position SB 0094 Passed Enrolled HOUSE No Position SB 0113 1 Approved by Gov SENATE SB 0149 Returned Passed SB 0182 Bill Title Crossfiled Natural Resources - Unprotected Birds - Pigeons n/a Support Natural Resources - Recreational License Incentive Discount Program n/a HOUSE Support Natural Resources - Electronic Licensing - Voluntary Donations HB 0104 Returned Passed HOUSE Support Income Tax Credit - Venison Donation - Feed the Hungry Organizations HB 0007 SB 0183 2nd Read ing FAV HOUSE Support Natural Resources - Electronic Licensing - Recreational License Donation Fund - Donations SB 0341 Returned Passed HOUSE No Position Hunting - Required Outerwear - Daylight Fluorescent Pink SB Q747 3rd Reading UNFAV SENATE No Position Wildlife MaAagemeAt SB 0817 Heard 3/13 Senate EHEA Support SB-0959 Unfavorable in EHEA Senate EHEA S_B1166 Heard 3/13 Senate EHEA I Shoolmq al Niqhlllme nta HB 1118 Ala Natural Resources - Hunting - Sundays HB 1338 No Position Natural-ResouFGeS-MUAl iA9=;8IaGk-BeafS Fi~ No Position Baltimore County - Hunting - Nongame Birds and Mammals HB 1699 See "Leq1slat1ve Lingo" document for an explanation of status terms . www .mtwashingtonrg.org/legislative-information Page 6 of6 MDG-18-0397-A-000222 UPDATED: 04/19/2018@ 2:04 PM Re: Otsuka Digital Health, Inc., (ODH) Subject: Re: Otsuka Digital Health, Inc., (OOH) Clay Stamp -GOV- From: Date: 10/20/2017 12:19 PM Birch Barron -MEMA- , "Jenkins, Judy (Judy.Jenkins@otsukaCC: us.com)" , Julia Pitcher Worcester , Katie Kuehn -GOCI- , "Marty Madden (martin.madden@maryland.gov)" To: Bill Pitcher , Tasha McNutt Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote: Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics ©. This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant cornorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEO to discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problerns_ofMaryland. Bill J.William Pitcher Attorney at Law 27 Maryland Avenue 1 of2 MDG-18-0397-A-000223 7/19/2018 2:55 PM Re: Otsuka Digital Health, Inc., (ODH) Annapolis, MD 21401 410.268.0842 office 410.212.2965 mobile Oay B. Starrp Executive Director, Opioid Operational Command Center (OOCC) Senior 8rergency rvlanagerrent Advisor to the Governor and Olair of the Governor's 8rergency rvlanagerrent Advisory Council State I-louse, 100 State Orcle, Annapolis, rvo21401 Alone - 443-578-1119 clay.starrp@rraryland.gov Click here to complete a three question customer experience survey. CONFIDENTIALITY NOTICE: This me$8ge and the accompanying documents are intended only for the use of the individual or entity to which they are addressed and may contain information that is privileged, confidential, or exempt from disclosure under applicable law. If the reader of this email is not the intended recipient, you are hereby notified that you are strictly prohibited from reading, disseminating, distributing, or copying this communication. If you have received this email in error, please notify the sender immediately and destroy the original transmission. 2 of2 MDG-18-0397-A-000224 7/19/2018 2:55 PM RE: Otsuka Digital Health, Inc., (OOH) Subject: RE: Otsuka Digital Health, Inc., (ODH) Bill Pitcher From: Date: 10/20/2017 2:04 PM Birch Barron -MEMA- , "Jenkins, Judy (Judy.Jenkins@otsukaCC: us.com)" , "Julia Pitcher Worcester" , Katie Kuehn -GOCI- , "Marty Madden (martin.madden@maryland.gov)" To: Clay Stamp -GOV- , Tasha McNutt That's wonderful Clay- thank you. We look forward to hearing from Tasha. Bill J.William Pitcher Attorney at Law 27 Maryland A venue Annapolis, MD 21401 410.268 .0842 office 410.212 .2965 mobile From: Clay Stamp -GOV- [mailto:clay.stamp@maryland.gov] Sent: Friday, October 20, 2017 12: 19 PM To: Bill Pitcher; Tasha McNutt Cc: Birch Barron -MEMA-; Jenkins, Judy (Judy.Jenkins@otsuka-us.com); Julia Pitcher Worcester; Katie Kuehn -GOCI-; Marty Madden (martin.madden@maryland.gov) Subject: Re: Otsuka Digital Health, Inc., (ODH) Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3 :26 PM Bill Pitcher wrote: Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics ©. This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEO to discuss the potential benefits of their 1 of3 MDG-18-0397-A-000225 7/19/2018 2:55 PM RE: Otsuka Digital Health, Inc., (OOH) systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convemence. We look forward to working with you to address the opioid addiction problems_ofMaryland. Bill J.William Pitcher Attorney at Law 27 Marv land A venue Annapolis, MD 21401 410.268 .0842 office 410.212.2965 mobile Clay B. Stamp Executive Director, Opioid Operational Command Center (OOCC) Senior Emergency Management Advisor to the Governor and Chair of the Governor's Emergency Management Advisory Council State House, 100 State Circle , Annapolis, MD 21401 Phone - 443-578-1119 clay.stamp@maryland.gov Click here to complete a three question customer experience survey. CONFIDENTIALITY NOTICE: This meS58ge and the accompanying documents are intended only for the use of the individual or entity to which they are addressed and may contain information that is privileged, confidential, or exempt from disclosure under applicable law . If the reader of this email is not the 2 of3 MDG-18-0397-A-000226 7/19/2018 2:55 PM RE: Otsuka Digital Health, Inc., (OOH) intended recipient, you are hereby notified that you are strictly prohibited from reading, disseminating, distributing , or copying this communication. If you have received this email in error, please notify the sender immediately and destroy the original transmission . 3 of 3 MDG-18-0397-A-000227 7/19/2018 2:55 PM Re: Thank you Subject: Re: Thank you From: Chris Cavey -GOV- 11/9/2017 2:00 PM Date: To: John Pica On my calendar! See you then. Chris ~ Chriscavey Maryland Secretaryof Appointrrents Office of Governor Larry Hogan CHANGING forrh, Bm er 16 Francis Street, 5th Floor Annapolis, Maryland 21401 410-974-2611 govappointrrents.maryland.gov CONFIDENTIAL,FORINTERNALUSEONLY- PROTECTED BYEXECUTIVE PRMLEGE On Thu, Nov 9, 2017 at 1:09 PM, John Pica wrote: Chris Let's meet for lunch at Harry Browne's on the 14th at 12:30. Thank you. John John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone On 9 Nov 2017, at 10:47 AM, Chris Cavey-GOV- wrote: Hi John, 11/14,16 or 21 would work for lunch at either 12:00 or 12:30. Would be great to chat! Chris Chriscavey Office of Governor Larry Hogan Secretaryof Appointrrents lof2 MDG-18-0397-A-000228 7/19/20181:34PM Re: Thank you 16 Francis Street 5th Floor Annapolis, Maryland 21401 410-974-2611 gov a ppointrrents. maryland.gov CONFIDENTIAL,FORINTERNALUSEONLY- PROTECTED BYEXECUTIVE PRIVILEGE On Thu, Nov 9, 2017 at 8:37 AM, John Pica wrote: Chris Thank you for your help with ppI~cCtVl.J, C-\ Can you spare some time for breakfast or lunch in the near future? Please send some dates and times that are convenient for you. Thank you. John John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone 2 of2 MDG-18-0397-A-000229 7/19/2018 1:34 PM Re: Thank you Subject: Re: Thank you From: Chris Cavey -GOV- Date: 11/9/2017 10:47 AM To: John Pica Hi John, 11/14,16 or 21 would work for lunch at either 12:00 or 12:30. Would be great to chat! Chris :I CHANGING Maryland forth, Bmtr Chris cavey Office of Governor Larry Hogan Secretaryof Appointrrents 16 Francis Street, 5th Floor Annapolis, Maryland 21401 410-974-2611 qovappointrrents. rraryland. gov CONFIDENTIAL, FORINTERNALUSEONLY-PROTECTED BYEXECUTIVE PRIVILEGE On Thu, Nov 9, 2017 at 8:37 AM, John Pica wrote: Chris Thank you for your help with appI;(ufl r Can you spare some time for breakfast or lunch in the near future? Please send some dates and times that are convenient for you. Thank you. John John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone 1 of 1 MDG-18-0397-A-000230 7/19/20181:34 PM Tentatively Accepted: Meeting w /Clay Stamp, Maryland OOCC& Otsu ... Subject: Tentatively Accepted: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Ph ... @ Thu Jan 18, 2018 1pm - 2pm (clay.stamp@maryland.gov) From: Jessica Goodell -MOH- Date: 12/4/2017 1:12 PM Attachments: D invite.ics (2.9 KB) To: clay.stamp@maryland.gov Event Invitation Title: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ When: Thursday, January 18, 2018 1:00 PM - 2:00 PM Organizer: 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M. Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-1870 IF: 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin.madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote: Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics©. 1 of2 This platform was designed to help analyze volumes of data in MDG-18-0397-A-000231 7/19/2018 1:39 PM Tentatively Accepted: Meeting w /Clay Stamp, Maryland OOCC& Otsu ... behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problems of Maryland. Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 410.212.2965 mobile Attendees: 2 of2 jessica.goodell@maryland.gov MDG-18-0397-A-000232 7 /19/20181:39 PM Tentatively Accepted: Meeting w /Clay Stamp, Maryland OOCC& Otsu ... Subject: Tentatively Accepted: Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Thu Jan 18, 2018 1pm - 2pm (clay.stamp@maryland.gov) From: Birch Barron -MEMA- Date: 11/29/2017 3:20 PM Attachments: invite.ics (2.9 KB) To: clay.stamp@maryland.gov Event Invitation Title: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When: Thursday, January 18, 20181:00 PM - 2:00 PM Organizer: clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M. Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-18701 F: 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin.madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote: Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics©. This platform was designed to help analyze volumes of data in 1 of2 MDG-18-0397-A-000233 7/19/20181:39 PM Tentatively Accepted: Meeting w /Clay Stamp, Maryland OOCC& Otsu ... behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problems of Maryland. Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 410.212.2965 mobile Attendees: 2 of2 birch.barron@maryland.gov MDG-18-0397-A-000234 7 /19/20181:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... Subject: From: Date: Attachments: To: Invitation: Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Thu Jan 18, 2018 1pm - 2pm {leslie.groves@odhsolutions.com) clay.stamp@maryland.gov 11/30/201710:16 AM D invite.ics (4.6 KB) leslie.groves@odhsolutions.com, birch.barron@maryland.gov, jessica.goodell@maryland.gov, donna.erwin@otsuka us.com, bpitcher@marylandlobbying.com, julie .bartfeld@odhsolutions.com, judy.jenkins@otsuka-us.com clay.stamp@maryland.gov has invited you to Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Title : Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When: Thursday, January 18, 2018 1:00 PM - 2:00 PM Organizer: clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M. Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-18701F: 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin .madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote : Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., {OOH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics©. This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problems of Maryland. Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 1 of2 MDG-18-0397-A-000235 7/19/20181:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC & Otsuka Americ ... 410.268.0842 office 410.212.2965 mobile .·~·~··~·~·~·~·~·~·~·~·~·~·~·~·-·~·~·~·~·-·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·-·-·~· .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..·~·~· . ... Please do not edit this section of the description. View your event at https ://www.google .com/calendar/event?a ction=VIEW& eid=MTESa3BoZ2 I3YjAxcHU2cGJiMDJxczFuZjMgbGVzbGIILmdyb3ZlcOBvZGhzb2xldGlvbnMuY29t& tok=M"M"Y2xheSS zdGFtcEBtYXJSbGFuZCSnb3YYzllN2 xOTdmY2E2Y"c5MzJmNzZINDA3NWY2N2JiMDhkNzlSZW w& ctz=America/New York&hl=en . -::~:~::~:-:~:~:-:~:~:~:~:~:-:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::-:~::Attendees: birch.barron@maryland.gov jessica.goodell@maryland.gov donna.erwin@otsuka-us.com clay.stamp@maryland.gov bpitcher@marylandlobbying.com leslie.groves@odhsolutions.com julie.bartfeld@odhsolutions .com judy.jenkins@otsuka-us.com MDG-18-0397-A-000236 2 of2 7/19/20181:39 PM Tentatively Accepted: Meeting w /Clay Stamp, Maryland OOCC& Otsu ... Subject: Tentatively Accepted: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Ph... @ Mon Jan 15, 2018 1pm - 2pm (clay.stamp@maryland.gov) From: Birch Barron -MEMA- Date: 11/29/2017 11:40 AM Attachments: D invite.ics To: clay.stamp@maryland.gov (2.9 KB) Event Invitation Title: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ When: Monday, January 15, 2018 1:00 PM - 2:00 PM Organizer: 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M. Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-1870 IF: 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin.madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote: Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics©. 1 of2 This platform was designed to help analyze volumes of data in MDG-18-0397-A-000237 7/19/20181:39 PM Tentatively Accepted: Meeting w /Clay Stamp, Maryland OOCC& Otsu ... behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problems of Maryland. Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 410.212.2965 mobile Attendees: 2 of2 birch.barron@maryland.gov MDG-18-0397-A-000238 7/19/2018 1:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... Subject: Invitation: Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Mon Jan 15, 2018 1pm - 2pm (julie.bartfeld@odhsolutions .com) From: clay.stamp@maryland .gov Date: 11/29/2017 11:24 AM D invite.ics (4.4 KB) Attachments: To: julie.bartfeld@odhsolutions.com, birch.barron@maryland.gov, jessica.goodell@maryland .gov, donna.erwin@otsukaus.com, judy.jenkins@otsuka-us.com, bpitcher@marylandlobbying.com clay.stamp@maryland.gov has invited you to Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Title : Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location : MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When : Monday, January 15, 2018 1:00 PM - 2:00 PM Organizer: clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M. Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-1870 IF: 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin .madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet . On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote : Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics© . This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problems of Maryland . Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 1 of2 MDG-18-0397-A-000239 7 /19/20181:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... 410 .212 .2965 mobile ....... ··~·~··~·~·~·~ . .·~·~·~·~·~·~ ..... .·~·~·~ . .......... ·~·~·~·~·~·~·~·~·~ ·~·~·~ . . .. ·~·~·~·~·~·~·~·~·~·~·~··~·~·· .. . ......... . .. Please do not edit this section of the description. View your event at https ://www.google.com/calendar/event?action=VIEW& eid=MTESa3BoZ213YjAxcHU2cGJiMDJxczFuZjMganVsaWUuYmFydGZlbGRAb2Roc29sdXRpb25zlmNvbQ& tok=MjMjY2xheSSzdGFtcEBtYXJSbGFuZCSnb3YzYzk2MWY0MThmYTY3NDU3NjM0YmY3YjQyYzk20TESOTAwYTQSZGM3& ctz=America/New York&hl=en . ::~:-: :~:~:~:~:~:~:- :~:- :~:~:~:~:~:~:~:~ :- :~:~:~:~:~:~:~:~:~:~:~:~:- :~:~:~:~:~::~:~::Attendees : birch.barron@maryland.gov clay.stamp@maryland .gov jessica.goodell@maryland.gov donna.erwin@otsuka-us.com judy.jenkins@otsuka -us.com julie.bartfeld@odhsolutions.com bpitcher@marylandlobbying .com MDG-18-0397-A-000240 2 of2 7/19/2018 1:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... Subject: Invitation: Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Mon Jan 15, 2018 1pm - 2pm (EST) From: (judy.jenkins@otsuka-us.com) clay.stamp@maryland.gov Date: Attachments: To: 11/29/2017 11:24 AM D invite.ics (4.4 KB) judy.jenkins@otsuka-us.com, bpitcher@marylandlobbying.com, donna.erwin@otsuka-us.com, julie.bartfeld@odhsolutions.com, birch.barron@maryland.gov, jessica.goodell@maryland.gov clay.stamp@maryland.gov has invited you to Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Title: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When: Monday, January 15, 2018 1:00 PM - 2:00 PM Organizer: clay.stamp@maryland .gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M. Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-18701 F: 301-292-1094 Judy.Jenkins@otsuka -us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin.madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote: Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics©. This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience. We look forward to working with you to address the opioid addiction problems of Maryland. Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 1 of2 MDG-18-0397-A-000241 7/19/2018 1:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... 410.212 .2965 mobile .......... ··~·~··~·~·~·~·~ ·~·~ . .·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~ .... ......... .... ·~·~.·~·~ .. ·~·~·~·~·-·~·~·~·~··~·~ .......... ...·· Please do not edit th is section of the description. View your event at https://www.goog le.com /calendar/event?ac tion=VIEW& eid=MTESa3BoZ213YjAxcHU2cGJiMDJxczFuZjMganVkeSSgZWSraWSzQG90c3VrYSllcy5jb20& tok=MjMjY2xheSS zdGFtcEBtYXJSbGFu ZCSnb3YlNT gyNGZhMjliNzdiMTMSMDklZDJINmMSODEzZDdmZmFiMzgOZWRI& ctz=America/New York&hl=en . ··-·~··~·-·~·~ ·~·~·~·~·~·~·-··~·-·~·~·.. . .. . . . ·~·~·~ .. .. ·~·~·-·~·~·~ ...... ·- ·-...·~·~·~·~·~·~·..... ... .. . . .... . . .·~··~·~·· Attendees: clay.stamp@maryland .gov bpitcher@marylandlobbying.com donna.erwin@otsuka-us.com julie.bartfeld@odhsolutions.com birch.barron@maryland.gov judy.jenkins@otsuka-us .com jessica.goodell@maryland.gov MDG-18-0397-A-000242 2 of2 7/19/20181:39 PM Invitation : Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... Subject: Invitation: Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Mon Jan 15, 2018 1pm - 2pm (jessica.goodell@maryland .gov) From: Clay Stamp -GOV- Date: 11/29/2017 11:24 AM D invite.ics (4.4 KB) jessica.goodell@maryland.gov, julie.bartfeld@odhsolutions.com, birch.barron@maryland .gov, judy.jenkins@otsukaus.com, donna.erwin@otsuka-us.com, bpitcher@marylandlobbying.com Attachments: To: clay.stamp@maryland.gov has invited you to Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Title : Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When: Monday, January 15, 2018 1:00 PM - 2:00 PM Organizer: clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M . Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-1870IF : 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin .madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet . On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote : Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (ODH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics© . This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing. If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience . We look forward to working with you to address the opioid addiction problems of Maryland . Bill J. Will iam Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 410.212.2965 mobile 1 of2 MDG-18-0397-A-000243 7/19/20181:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... ............................................. ··~·~··~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~··~·~·· Please do not edit this section of the description . View your event at https://www.google.com/calendar/event?action=VIEW& eid=MTESa3BoZ213YjAxcHU2cGJiMDJxczFuZjMgamVzc21jYSSnb29kZWxsQGlhcnlsYWSklmdvdg& tok=MjMjY2xheSSzdGFtcEBtYXJSbGFuZCSnb3ZkYzFiOGViMDQ3NzU4ZmEOMDc4M2Y3Nzk4MjQxZWlzNDEwMDMyODA0& ctz=America/New Attendees : York&hl=en. julie.bartfeld@odhsolutions.com birch.barron@maryland.gov judy.jenkins@otsuka-us.com jessica.goodell@maryland.gov donna.erwin@otsuka-us.com bpitcher@marylandlobbying.com clay.stamp@maryland.gov 2 of2 MDG-18-0397-A-000244 7 /19/20181:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... Subject: Invitation : Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Mon Jan 15, 2018 1pm - 2pm (birch.barron@maryland .gov) Clay Stamp -GOV- 11/29/2017 11:24 AM Attachments: D invite.ics (4.4 KB) From: Date: To: birch.barron@maryland .gov, bpitcher@marylandlobbying.com, jessica.goodell@maryland.gov, donna.erwin@otsukaus.com, julie.bartfeld@odhsolutions.com, judy.jenkins@otsuka -us.com clay.stamp@maryland.gov has invited you to Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Title : Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When : Monday, January 15, 2018 1:00 PM - 2:00 PM Organizer: clay.stamp@maryland.gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M . Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-18701 F: 301-292-1094 Judy.Jenkins@otsu ka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins,Julia, Katie, martin .madden Hi Bill thank you for your email. I have copied Tasha McNutt on this email who will work to identify a mutually acceptable date and time for us to meet . On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote : Mr. Stamp, I have been referred to you by my longtime fr iend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (OOH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics© . This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing . If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience . We look forward to working with you to address the opioid addiction problems of Maryland. Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office MDG-18-0397-A-000245 1 of2 7 /19/20181 :39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... 410.212.2965 mobile -::~:~: :~:~:~:~:~:~:~:~:~:~:~:~:~:-:~ :~:~:~:~:~:~:~:~:~:~ :~:~:~:~:~:~:~:~:~:~:~::~:~ ::Please do not edit this section of the description. View your event at https ://www.google .com/calendar/event?action=VIEW& eid=MTESa3Bo2213YjAxcHU2cGJiMDJxczFuZjMgYrnlyY2guYrnFycrn9uQGlhcnlsYWSklrndvdg& tok=M 'M 'Y2xheSSzdGFtcEBtYXJSbGFuZCSnb3ZrnYzZIYrnMwZDMxODU4ZGF"ZDA4NzczODE2Z .VrnNDBrnY2UwZrnNIY' l5& ctz=Arner ica/New York&hl=en . ··~·~··~·~·~·~·~·~·~·~·-·~·~·~·~·-·~·~·~·~·~·~·~·~ ...... . . .. ..... ... ...................... ·-·~·~·~·~·~·~ ·~·~·~·~·~·~·~· ·~·~·· Attendees : bpitcher@rnarylandlobbying.com birch.barron@rnaryland .gov jessica.goodell@rnaryland.gov donna.erwin@otsuka-us.com clay.starnp@rnaryland.gov julie.bartfeld@odhsolutions.com judy .jenkins@otsuka-us.com 2 of2 MDG-18-0397-A-000246 7/19/20181:39 PM Invitation : Meeting w /Clay Stamp, Maryland OOCC& Otsuka Americ ... Subject: Invitation : Meeting w/Clay Stamp, Maryland OOCC& Otsuka America Ph... @ Mon Jan 15, 2018 1pm - 2pm (EST) From: clay.stamp@maryland .gov Date: 11/29/2017 11:24 AM D invite.ics (4.4 KB) (donna.erwin@otsuka-us .com) Attachments: To: donna.erwin@otsuka-us.com, bpitcher@marylandlobbying .com, julie.bartfeld@odhsolutions.com, birch.barron@maryland .gov, judy.jenkins@otsuka-us .com, jessica.goodell@maryland.gov clay.stamp@maryland.gov has invited you to Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Title: Meeting w/Clay Stamp, Maryland OOCC & Otsuka America Pharmaceutical Inc Location: MEMA Headquarters/ 5401 Rue Saint Lo Drive, Reisterstown MD/ JIC Room When : Monday, January 15, 2018 1:00 PM - 2:00 PM Organizer: clay.stamp@maryland .gov Description: Attendees: Clay Stamp Michael Jarjour Dr. Saldarini POC: Judy M . Jenkins, Otsuka America Pharmaceutical, Inc. C: 301-751-18701F: 301-292-1094 Judy.Jenkins@otsuka-us.com Clay Stamp -GOV- Oct 20 to Bill, me, Birch, Judy.Jenkins, Julia, Katie, martin .madden Hi Bill thank you for your email. I have copied Tasha McNutt on th is email who will work to identify a mutually acceptab le date and time for us to meet. On Tue, Oct 17, 2017 at 3:26 PM Bill Pitcher wrote : Mr. Stamp, I have been referred to you by my longtime friend Marty Madden, in the Governor's office. I am Maryland government affairs counsel to Otsuka America Pharmaceutical Inc., with U.S. headquarters in Rockville MD. The work of one of their subsidiaries will likely be of interest to you as Executive Director of the Opioid Operational Command Center, and we would like the opportunity to meet with you to explain why. Otsuka Digital Health, Inc., (OOH) is a technology based company that has developed, in partnership with IBM, a predictive analytics software called Mentrics© . This platform was designed to help analyze volumes of data in behavioral health that could be used by payers to truly integrate care. As you know, and was highlighted in the Opioid Commission interim report, there is a significant comorbidity between behavioral health and substance abuse. I would like to schedule a meeting with you and their CEOto discuss the potential benefits of their systems to the work that you are doing . If you could give me a few dates to take back to my clients, I hope to be able to set something up soon. Please don't hesitate to call me to discuss the matter at your convenience . We look forward to working with you to address the opioid addiction problems of Maryland . Bill J. William Pitcher Attorney at Law 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 1 of2 MDG-18-0397-A-000247 7/19/2018 1:39 PM Invitation: Meeting w /Clay Stamp, Maryland OOCC & Otsuka Americ ... 410 .212.2965 mobile .·~·~· .. . ..·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·-·~·~·~·~·~·~·~·~·~·-·~·~·~·~·-·~·~··~·~· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... Please do not edit this section of the description. View your event at https ://www.google.com/calendar/event?action=VIEW& eid=MTESa3BoZ213YjAxcHU2cGJiMDJxczFuZjMgZG9ubmEuZXJ3aWSAb3RzdWthLXVzlmNvbQ& tok =M jM jY2xhe55zdGFtcEBtYXJSbGFuZCSnb3YxOGQ3NDFhNjJIOWlyZWU3ZDAwZTcwOTM2Nzg4OWQxN2RjYmlyYjUw& ctz=America / New York&hl=en . -::~:~::~:~:~:~:~:~:~ :~:~ :~:~:~:~:~:~:~:~:~:~:-:~:~:~:~:~:~:~:~:~:~:~ :-:- :~:~:~· ·~·~·· Attendees: clay.stamp@maryland.gov bpitcher@marylandlobbying.com donna.erwin@otsuka -us.com julie.bartfeld@odhsolutions.com birch.barron@maryland.gov judy.jenkins@otsuka-us.com jessica.goodell@maryland.gov MDG-18-0397-A-000248 2 of2 7/19/20181:39 PM INVITATION - PICA HOLIDAY PARTY 2017 Subject: INVITATION - PICA HOLIDAY PARTY 2017 From: Josh Swanner Date: 11/29/2017 1:31 PM Attachments: Pica Holiday Party Invite 2017.pdf {829 KB) To: John Pica John A. Pica,Jr. invites you to a HOLIDAYPARTY Under the Big Tent Hosted by Home Paramount and Walter Tilley Saturday, December 16th 7:00pm to Midnight 4612 Bucks Schoolhouse Road Rosedale, Maryland Dinner, Drinks, Refreshments and Music! Regrets Only - jswanner@johnpica.com Best regards, Josh Swanner, Esquire, Chief of Staff John A. Pica,Jr., Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 {410) 990-1250 JSwanner@johnpica.com MDG-18-0397-A-000249 1 ofl 7/19/2018 3:20 PM Walter Tilley Subject: From: John Pica Date: 11/27/2017 4:07 PM To: "tiffany.robinson@maryland.gov" Tiffany Please call me when you get a chance at 410 446 4600. Thank you. John Pica John A. Aca, Jr. Aca & Associates, LLC 14 State arcle Annapolis, MD 21401 410 990 1250 Off ice 410 446 4600 lvbbile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to 1 of 1 Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000250 7/19/2018 3:28 PM Thank you Subject: Thank you From: John Pica Date: 11/9/2017 8:37 AM To: "chris.cavey@maryland.gov" Chris Thank you for your help with A~p1:(Ct-fl .f Can you spare some time for breakfast or lunch in the near future? dates and times that are convenient -for you. Thank you. Please send some John John A. Pica Jr. 14 State Circle Annapolis, MD21401 Sent from iPhone MDG-18-0397-A-000251 1 ofl 7/19/2018 1:36PM Re: Thank you Subject: Re: Thank you From: John Pica Date: 11/9/2017 1:09 PM Attachments: changingMD.png (0 bytes) To: Chris Cavey-GOV- Chris Let's meet for lunch at Harry Browne's on the 14th at 12:30. Thank you . John John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone On 9 Nov 2017, at 10:47 AM, Chris Cavey -GOV- wrote: Hi John, 11/14,16 or 21 would work for lunch at either 12:00 or 12:30. Would be great to chat! Chris Chris Cavey Office of Governor Larry Hogan Secretary of Appointrrents 16 FrancisStreet, 5th Floor Annapolis, Maryland 21401 410-974-2611 govappointrrents. rraryland. gov CONFIDENTIAL,FORINTERNALUSEONLY- PROTECTED BYEXECLJTIVE PRMLEGE On Thu, Nov 9, 2017 at 8:37 AM, John Pica wrote: . Chris I Thank you for your help with F+ppLCc1.n-~ Can you spare some time for breakfast or lunch in the near future? Please send some dates and times that are convenient for you. Thank you. 1 of 2 MDG-18-0397-A-000252 7/19/20181:33 PM Re: Thank you John John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone 2 of2 MDG-18-0397-A-000253 7/19/20181:33 PM Re: MTA Bid- Home Paramount Subject: Re: MTA Bid- Home Paramount From: Paul Beatty -GOV- Date: 12/7/2017 9:43 AM Tiffany Robinson -GOV- , CC: "courtney.highsmith@maryland.gov" To: John Pica Hi John, Please address any questions to Cheryll Brewton, who is the procurement officer assigned to the bid. Her contact info is: Phone: 410-767-3446 Fax: 410-333-4810 Email: cbrewton@mta.maryland.gov Thank you, Paul Beatty Special Advisor to the Lt. Governor Office of Lt. Governor Boyd K. Rutherford 410-974-2461 Facebook I Twitter On Mon, Dec 4, 2017 at 3:13 PM, John Pica wrote: Paul, I'm checking to see if there's an update you can give me. If you look at the bid, starting on page 20, the job requires pest and rodent control on all MTA property, facilities, stations, structures, offices, vehicles, trains, and buses. It includes light rail, METRO Rail, and MARC Trains. Work is to be performed at all train stops, platforms, stations, offices, trailers, storage facilities, guard houses, and work-shops. l This contract is not suited for a small business. It's virtually impossible for a small company to satisfactorily complete this work. Home Paramount has had this contract for several years. 1 of3 MDG-18-0397-A-000254 7 /19/20181:42 PM Re: MTA Bid- Home Paramount Removing the small business reserve restriction does not guarantee HP will get the contract. The company will still be required to compete in the bidding process. Under the current bid, HP cannot even bid the job. Please call me if you have any questions. Thank you. John Pica 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 2 of 3 MDG-18-0397-A-000255 7/19/20181:42 PM Re: MTA Bid- Home Paramount 3 of3 v/19;201a 1:42 PM Thank you Subject: Thank you From: John Pica Date: CC: 12/29/2017 6:52 PM Tiffany Robinson -GOV-, "courtney.highsmith@maryland.gov" To: Paul Beatty -GOV- Paul, Tiffany, and Courtney, Thank you for your cooperation and assistance on the matter we discussed a couple weeks ago. Your help is very much appreciated. John 410 446 4600 John A . Pica, Jr. Pica & Associates , LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Off ice 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica .com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: Paul Beatty -GOV- [mailto:paul.beatty@maryland .gov] Sent: Thursday, December 07, 2017 9:44 AM To:John Pica Cc:Tiffany Robinson -GOV- ; courtney .highsmith@maryland.gov Subject: Re: MTA Bid- Home Paramount Hi John, Please address any questions to Cheryll Brewton, who is the procurement officer assigned to the bid. Her contact info is: Phone: 410-767-3446 Fax: 410-333-4810 Email: cbrewton@mt a.maryland.gov Thank you, Paul Beatty 1 of3 MDG-18-0397-A-000257 7/19/2018 3:28 PM Thank you Special Advisor to the Lt. Governor Office of Lt. Governor Boyd K. Rutherford 410-974-2461 Face book I Twitter On Mon, Dec 4, 2017 at 3:13 PM, John Pica wrote: Paul, I'm checking to see if there's an update you can give me. If you look at the bid, starting on page 20, the job requires pest and rodent control on all MTA property, facilities, stations, structures, offices, vehicles, trains, and buses. It includes light rail, METRO Rail, and MARC Trains. Work is to be performed at all train stops, platforms, stations, offices, trailers, storage facilities, guard houses, and work-shops. This contract is not suited for a small business. It's virtually impossible for a small company to satisfactorily complete this work. Home Paramount has had this contract for several years. Removing the small business reserve restriction does not guarantee HP will get the contract. The company will still be required to compete in the bidding process. Under the current bid, HP cannot even bid the job. Please call me if you have any questions. Thank you. John Pica 410 446 4600 John A. Aca, Jr. Aca & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to 2 of3 Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000258 7/19/2018 3:28 PM Thank you 3 of3 PM FW: Senate Bill 13- Electronic Prescription Records Cost Saving Act o ... Subject: FW: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 From: John Pica Date: 1/12/2018 To: "kaitlin .marsden@maryland.gov" 10:09 AM "DISPENSER " DOESNOT INCLUDEA PERSONDESCRIBEDIN 11 § 21-2A-01(D)(3) OF THISARTICLE- HealthGeneral Art icle] (4) "PRESCRIPTIONDRUG" HAS THE MEANINGSTATEDIN§ 21-201 13 OF THIS ARTICLE. From: John Pica Sent: Friday, January 12, 2018 8:39 AM To: Storseth, Angela ; Lee, Edward J, MD ; Brown, John Cc:Josh Swanner ; 'kaitlin .marsden@maryland.gov' Subject: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 Senate Bill 13- http://mgaleg.maryland.gov/2018RS/bills/sb/sb0013f.pdf Please review this bill and let me know whether MOH should take a position. The bill requires a dispenser of a prescription drug to submit certain prescription information to the health information exchange. My office will review the bill in detail today. Thank you. John John A. Rea, Jr. Rea & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, 1983 to Member, 1979 to 1 ofl Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000260 7/19/2018 2:19 PM Re: Italian American Heritage Month- October Subject: Re: Italian American Heritage Month- October From: Amanda Allen -GOV- Date: To: 1/9/2018 2:47 PM Kara Bowman -GOV- Tell him we'll put it on the list for later this year or something. October is far away. On Tue, Jan 9, 2018 at 2:37 PM, Kara Bowman -GOV- wrote: FYI - Let me know how you'd like me to proceed. Thanks, Kara ---------- Forwarded message---------From: John Pica Date: Tue, Jan 9, 2018 at 1:22 PM Subject: Italian American Heritage Month- October To: " kara.bowman@maryland.gov " Kara Can you discuss with Governor Hogan the possibility of making October "Italian American Heritage Month" in Maryland? We can discuss an appropriate way and forum for an announcement, if the Governor is inclined. Thank you. John John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax 1 of2 MDG-18-0397-A-000261 7 /19/201811:48 AM Re: Italian American Heritage Month- October Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan I 00 State Circle Annapolis. MD 21401 0: (410) 974-5046 C: (410) 533-1557 Kara.Bowman @Maryland.Gov Amanda Allen Director of Scheduling & Executive Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Amanda.allen@maryland.gov 410-974-5910 (office) MDG-18-0397-A-000262 2 of2 7/19/2018 11:48 AM Re: FW: LEGISLATIVE RECEPTION- JANUARY 10 Subject: Re: FW: LEGISLATIVERECEPTION-JANUARY 10 From: Kara Bowman -GOV- Date: 1/9/2018 2:38 PM To: John Pica Thank you! I've got this and your Italian American Heritage Month email as well. Hope to see you tomorrow, and we'll continue dialogue as it relates to your other email. Thank you, Kara On Tue, Jan 9, 2018 at 1:18 PM, John Pica wrote: Kara- hope you can come by tomorrow. PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARYLAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE •• ANNAPOLIS OYSTERS, STEAK, SHRIMP, PENNE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! MDG-18-0397-A-000263 1 of2 7/19/2018 2:20 PM Re: FW: LEGISLATIVERECEPTION-JANUARY10 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: (410) 533-1557 Kara.Bowman @Maryland.Gov 2 of2 MDG-18-0397-A-000264 7/19/2018 2:20 PM Re: Citation honoring Terry Hutchinson Subject: Re: Citation honoring Terry Hutchinson From: Kyle Gilbert -GOV- Date: 1/9/2018 8:55 AM "kyle.mccolgan@maryland.gov" CC: To: John Pica John, We are familiar with Terry. I will get you a citation for him. Kyle Gilbert On Tue, Jan 9, 2018 at 12:57 AM, John Pica wrote: Gentlemen, I need your advice. What is the best way to get a citation from the Governor for Terry Hutchinson? Terry has been selected as the CEO and Helmsman for America in the 36th America's Cup. He will represent the United States in the challenge to take the America's Cup back from New Zealand. Terry is an Annapolis native, veteran of 4 America's Cup, won 14 National Championships, 9 North American Championships, 5 National Championships, 2-time Rolex Yachtsman of the Year, 4 time All American Sailor at Old Dominion University, and 2-time College Sailor of the Year. What is the best way for Governor Hogan to honor Terry Hutchinson? Thank you. John John A. Pica, Jr. Pica & Associates, LLC 1 of2 MDG-18-0397-A-000265 7/19/2018 2:49 PM Re: Citation honoring Terry Hutchinson I 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kyle Gilbert Special Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kyle.Gilbert@maryland.gov 410-974-5874 (office) 2 of2 MDG-18-0397-A-000266 7/19/2018 2:49 PM Italian American Heritage Month- October Subject: Italian American Heritage Month- October From: John Pica Date: To: 1/9/2018 1:22 PM "kara.bowman@maryland.gov" Kara Can you discuss with Governor Hogan the possibility of making October "Italian American Heritage Month" in Maryland? We can discuss an appropriate way and forum for an announcement, if the Governor is inclined. Thank you. John John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 M>bile 410 280 2546 Fax 1 ofl Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000267 7/19/2018 2:21 PM Fwd: Citation honoring Terry Hutchinson Subject: Fwd: Citation honoring Terry Hutchinson From: Kyle Gilbert -GOV- Date: 1/9/2018 8:56 AM To: Donna Shuman -GOV- Hey Donna, Can we do a citation for Terry Hutchinson. Here is some info below. No rush on this one. Kyle ---------- Forwarded message---------From: John Pica Date: Tue, Jan 9, 2018 at 12:57 AM Subject: Citation honoring Terry Hutchinson To: "kyle.gilbert@maryla nd.gov " , " kyle.mccolgan@maryland.gov" Gentlemen, I need your advice. What is the best way to get a citation from the Governor for Terry Hutchinson? Terry has been selected as the CEO and Helmsman for America in the 36th America's Cup. He will represent the United States in the challenge to take the America's Cup back from New Zealand. Terry is an Annapolis native, veteran of 4 America's Cup, won 14 National Championships, 9 North American Championships, 5 National Championships, 2-time Rolex Yachtsman of the Year, 4 time All American Sailor at Old Dominion University, and 2-time College Sailor of the Year. What is the best way for Governor Hogan to honor Terry Hutchinson? Thank you. John 1 of2 MDG-18-0397-A-000268 7/19/2018 2:49 PM Fwd: Citation honoring Terry Hutchinson John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kyle Gilbert Special Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kyle.Gilbert@maryland.gov 410-974-5874 (office) 2 of2 MDG-18-0397-A-000269 7/19/2018 2:49 PM Citation honoring Terry Hutchinson Subject: Citation honoring Terry Hutchinson From: John Pica Date: 1/9/2018 12:57 AM To: "kyle.gilbert@maryland.gov" , "kyle.mccolgan@maryland.gov" Gentlemen, I need your advice. What is the best way to get a citation from the Governor for Terry Hutchinson? Terry has been selected as the CEO and Helmsman for America in the 36 th America's Cup. He will represent the United States in the challenge to take the America's Cup back from New Zealand. Terry is an Annapolis native, veteran of 4 America's Cup, vvon 14 National Championships, 9 North American Championships, 5 National Championships, 2-time Rolex Yachtsman of the Year, 4 time All American Sailor at Old Dominion University, and 2-time College Sailor of the Year. What is the best way for Governor Hogan to honor Terry Hutchinson? Thank you. John John A. Aca, Jr. Aca & Associates, LLC 14 State arcle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 l'vbbile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to 1 ofl Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000270 7/19/2018 2:50 PM Fwd: Citation honoring Terry Hutchinson Subject: Fwd: Citation honoring Terry Hutchinson From: Kyle Gilbert -GOV- Date: 1/9/2018 8:56 AM To: Donna Shuman -GOV- Hey Donna, Can we do a citation for Terry Hutchinson. Here is some info below. No rush on this one. Kyle ---------- Forwarded message---------From: John Pica Date: Tue, Jan 9, 2018 at 12:57 AM Subject : Citation honoring Terry Hutchinson To: "kyle .gilbert@maryland.gov" , " kyle.mccolgan@maryland.gov" Gentlemen, I need your advice. What is the best way to get a citation from the Governor for Terry Hutchinson? Terry has been selected as the CEO and Helmsman for America in the 36th America's Cup. He will represent the United States in the challenge to take the America's Cup back from New Zealand. Terry is an Annapolis native, veteran of 4 America's Cup, won 14 National Championships, 9 North American Championships, 5 National Championships, 2-time Rolex Yachtsman of the Year, 4 time All American Sailor at Old Dominion University, and 2-time College Sailor of the Year. What is the best way for Governor Hogan to honor Terry Hutchinson? Thank you. John 1 of2 MDG-18-0397-A-000271 7 /19/20181:44 PM Fwd: Citation honoring Terry Hutchinson John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kyle Gilbert Special Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kyle.Gilbert@maryland.gov 410-974-5874 (office) 2 of2 MDG-18-0397-A-000272 7/19/20181:44 PM Re: FW: LEGISLATIVE RECEPTION- JANUARY 10 Subject: Re: FW: LEGISLATIVERECEPTION-JANUARY10 From: Kyle Mccolgan -GOV- Date: To: 1/4/2018 8:45 AM John Pica I will try John! Good to see you last night. On Wed, Jan 3, 2018 at 7:35 PM, John Pica wrote: KYLE- HOPE YOU CAN MAKE IT. PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARYLAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARY LAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PENNE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! MDG-18-0397-A-000273 1 of2 7/19/2018 2:50 PM Re: FW: LEGISLATIVERECEPTION-JANUARY10 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kyle Mccolgan SpecialAssistant to the Governor Office of the Governor 100 State Circle Annapolis, Maryland 21401 kyle.mccolgan@maryland.gov 410-974-3059 2 of2 MDG-18-0397-A-000274 7/19/2018 2:50 PM JOHNA PICA,JR.INVITES YOU- OPENINGDAYOF 2018 SESSIONLE... Subject: JOHN A PICA,JR. INVITESYOU - OPENING DAYOF 2018 SESSIONLEGISLATIVE RECEPTION- PICA & ASSOCIATES From: Josh Swanner Date: 1/4/2018 10:16 AM To: John Pica LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY ARE INVITED! HOSTED BY JOHN A PICA, JR. and PICA & ASSOCIATES WEDNESDAY, JANUARY 10 th FROM NOON UNTIL 4:00 PM STATE HOUSE INN 25 STATE CIRCLE, ANNAPOLIS OYSTERS, STEAK, SHRIMP, PENNE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! Best regards, Josh Swanner, Esquire, Chief of Staff JohnA. Pica,Jr., Pica& Associates,LLC 14 State Circle Annapolis, MD 21401 (410) 990-1250 JSwanner@johnpica.com MDG-18-0397-A-000275 1 ofl 7/19/2018 11:50 AM Re: LEGISLATIVERECEPTION-JANUARY10 Subject: Re: LEGISLATIVERECEPTION-JANUARY 10 From: John Pica Date: To: 1/3/2018 7:43 PM Kyle Gilbert -GOV- That would be great. Thanks, Kyle. John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone On 3 Jan 2018, at 7:40 PM, Kyle Gilbert -GOV- < kyle.gilbert@maryland.gov > wrote: Thanks John, I will try and make it over. Can try and get the Governor there too. Kyle On Wed , Jan 3, 2018 at 7:35 PM John Pica wrote : KYLE- HOP E YO U CAN MAKE IT. PLEASE JOIN JOHN PICA ON WEDNESDAY, JANUARY 10 FROM NOON TO 4. IT'S THE FIRST DAY OF THE 2018 LEGISLATIVE SESSION AND AN OPPORTUNITY TO MEET MARYLAND LEGISLATORS. LEGISLATIVE RECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERAL ASSEMBLY INVITED HOSTED BY JOHN PICA and PICA & ASSOCIATES 1 of 3 MDG-18-0397-A-000276 7/ 19/20 18 2:49 PM Re: LEGISLATIVERECEPTION-JANUARY10 WEDNESDAY, JANUARY 10 from NOON TO 4 PM STATE HOUSE INN - 25 STATE CIRCLE -- ANNAPOLIS OYSTERS, STEAK, SHRIMP, PEN NE VODKA AND DESSERT WINE, BEER, AND REFRESHMENTS WILL BE SERVED! John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 2 of3 MDG-18-0397-A-000277 7/19/2018 2:49 PM Re: LEGISLATIVERECEPTION-JANUARY10 Kyle Gilbert Special Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kyle.Gilbert @maryland. gov 410-974-5874 (office) MDG-18-0397-A-000278 3 of3 7/19/2018 2:49 PM Monday Subject: Monday From: John Pica Date: 1/12/2018 6:05 PM To: "kaitlin.marsden@maryland.gov" I have a meeting with Senator Conway at 10 in Baltimore. Come in early enough to sign up witnesses for HB 2. John A. Aca, Jr. Aca & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Off ice 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000279 1 of 1 7/19/2018 2:19 PM Fwd: WRONG KAITLINSenate Bill 13- Electronic Prescription Record ... Subject: Fwd : WRONG KAITLIN Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 From: Kaitlin Marsden -GOV- Date: 1/12/2018 To: Carly Hviding -GOV- 10:14 AM look what pica accidentally sent to me Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) ---------- Forwarded message---------From: John Pica Date: Fri, Jan 12, 2018 at 10:12 AM Subject: WRONG KAITLIN Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 To: " kaitlin.marsden@maryland.gov " Sorry, I emailed the wrong Kaitlin . John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com 1 of 3 MDG-18-0397-A-000280 7/19/2018 2:19 PM Fwd: WRONG KAITLINSenate Bill 13· Electronic Prescription Record ... Member , Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 From: John Pica Sent: Friday, January 12, 2018 10:09 AM To: 1kaitlin.marsden@maryland.gov 1 Subject: FW: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 "DISPENSER" DOES NOT INCLUDE A PERSON DESCRIBED IN 11 § 21-2A-01(D)(3) THIS ARTICLE- Health- General Article] OF (4) "PRESCRIPTION DRUG" HAS THE MEANING STATED IN § 21-201 13 OF THIS ARTICLE. From: John Pica Sent: Friday, January 12, 2018 8:39 AM To: Storseth, Angela ; Lee, Edward J, MD ; Brown, John Cc:Josh Swanner ; 'kaitlin.marsden@maryland.gov ' Subject: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 Senate Bill 13- http://mgaleg.maryland.gov/2018RS/bills/sb/sb0013f.pdf Please review this bill and let me know whether MOH should take a position. The bill requires a dispenser of a prescription drug to submit certain prescription information to the health information exchange. My office will review the bill in detail 2 of3 MDG-18-0397-A-000281 7/19/2018 2:19 PM Fwd: WRONG KAITLINSenate Bill 13- Electronic Prescription Record ... today. Thank you. John John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 MDG-18-0397-A-000282 3 of3 7/19/2018 2:19 PM Invitation: FYI:John Pica & Pica & Associates@ Wed Jan 10, 2018 1... Subject: Invitation: FYI: John Pica & Pica & Associates@ Wed Jan 10, 2018 12pm - 4pm (courtney.highsmith@maryland.gov) From: Brinasha Frazier -GOV- Date: 1/3/2018 9:06 AM Attachments: D invite.ics To: courtney.highsmith@maryland.gov (2.0 KB) brinasha.frazier@maryland.gov has invited you to FYI: John Pica & Pica & Associates Title : FYI: John Pica & Pica & Associates Location: 25 State Cir, Annapolis, MD 21401, USA When: Wednesday, January 10, 2018 12:00 PM - 4:00 PM Organizer: brinasha .frazier@maryland.gov Description : LEGISLATIVERECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERALASSEMBLYINVITED HOSTED BYJOHN PICA and PICA & ASSOCIATES WEDNESDAY,JANUARY 10 from NOON TO 4 PM STATEHOUSE INN - 25 STATECIRCLE-- ANNAPOLIS OYSTERS,STEAK,SHRIMP, PENNE VODKA AND DESSERT WINE, BEER,AND REFRESHMENTSWILL BE SERVED! ....... .... .......... .. ....... ... ..... ..·~·~·~·~·~··~·~·· . . ....... ··~·~··~·~·~·~·~·~·~·~·~· ·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~·~ Please do not edit this section of the description . View you r event at htt ps:// www .goo gle.com/calendar / event?action=VIEW& eid=Nn FpZWR0ZzE2bDBjaTUyaGNqcmozNXFra2MgY291cnRuZXkuaGlnaHNtaXRoQGlhcnlsYWSkLmdvdg& tok=Mj kjYnJpbmFzaGEuZnJhemllckBtYXJSbGFuZCSnb3Y1MmUSYTc0YzFiMzE1NGE22TU4ODZkNzkzMTkwNzJkMDASMGY2YThh& ctz=Am er ica/N ew York&hl=en. Attendees: courtney.highsmith@maryland.gov brinasha .frazier@maryland .gov 1 of 1 MDG-18-0397-A-000283 7/19/2018 1:41 PM Invitation: FYI:John Pica & Pica & Associates@ Wed Jan 10, 2018 1... Subject: Invitation Brinasha From: 1/3/2018 Date: Attachments: invite.ics To: : FYI: John Pica & Pica & Associates@ Wed Jan 10, 2018 12pm - 4pm (courtney .highsmith@maryland.gov) Frazier -GOV- 9:06 AM (2.0 KB) courtney.highsmith@maryland.gov brinasha.frazier@maryland.govhas invited you to FYI:John Pica& Pica& Associates Title : FYI: John Pica & Pica & Associates Location : 25 State Cir, Annapolis, MD 21401, USA When: Wednesday, January 10, 2018 12:00 PM - 4:00 PM Organizer : brinasha.frazier@maryland.gov Description : LEGISLATIVERECEPTION OPENING DAY OF THE 2018 SESSION ALL MEMBERS THE MARYLAND GENERALASSEMBLYINVITED HOSTEDBY JOHN PICA and PICA & ASSOCIATES WEDNESDAY,JANUARY 10 from NOON TO 4 PM STATEHOUSE INN - 25 STATECIRCLE-- ANNAPOLIS OYSTERS,STEAK,SHRIMP, PENNE VODKA AND DESSERT WINE, BEER,AND REFRESHMENTSWILL BE SERVED! -............... ~.~.~.~ ... . .. .... ~.~.~.- . ..... .~.~.~ ..~.~..- Please do not edit this section of the description. View you r event at htt ps:// www. goo gle.com / calendar / event?action=VIEW& eid=Nn FpZWR0ZzE2bDBjaTUyaGNgcmozNXFra2MgY291cnRuZXkuaGlnaHNtaXRoQGlhcnlsYWSklmdvdg& tok=Mj kjYnJpbmFzaGEuZnJhemllckBtYXJ5bGFuZC5nb3Y1MmU5YTc0YzFiMzE1NGE2ZTU4ODZkNzkzMTkwNzJkMDA5MGY2YThh& ctz=Am eric a/N ew York&hl=en. ::~:~::..... :~:~: : : : : : : : : :~:~:~: : : : : : : : : :~:~:~: : : : : : : : :""::~:~..Attendees: courtn ey.highsmith@maryland .gov MDG-18-0397-A-000284 7/19/2018 12:05 PM Re: Meeting Request- CRAB Subject: Re: Meeting Request- CRAB From: Carrie Cook -GOV- Date: 7/6/2018 4:06 PM To: John Pica John, How about Thursday, July 12 at 3:00 p.m.? Let me know if that works. You likely already know this, but Jeannie's office is on the second floor of the State House. You can walk up the marble stairs and let the guards know that you're here for a meeting with Jeannie. Thanks, Carrie Cook On Fri, Jul 6, 2018 at 2:37 PM, John Pica wrote: Carrie I'm available July 12, 16, 19, and 20. Those days are open all day. I can have lunch on those days also. Thank you. John 410 446 4600 Get Outlook for iOS From: carrie.cookl@maryland.gov Sent: Friday, July 6, 2018 2:16:54 PM To: John Pica Subject: Re: Meeting Request- CRAB on behalf of Jeannie Riccio -GOV- Hi John, Thank you for reaching out. I am Carrie, Jeannie's assistant. She let me know that she is interested in chatting about your organization. When you get a chance, please send me some days of the week and times you are typically available and I will check on Jeannie's schedule . She is pretty busy within the next few weeks but I'm sure we will be able to work something out. Please also note she will be out of Annapolis traveling on July 13, 17, and 18. Thanks, 1 of 4 MDG-18-0397-A-000285 7/19/20181:31 PM Re: Meetin g Request- CRAB Carrie Cook Jeannie Haddaway-Riccio Deputy Olief of Staff Office of the Governor 100 State arcle CHANGING Annapolis, f\/aryland 21401 Maryland jeannie.riccio@rraryland.gov for the Better 410-260-3969 (office) 410-562-5056 (nub ile) On Fri, Jul 6, 2018 at 12:22 PM, John Pica wrote: Jeannie, Can we meet to discuss a program? Possibly have lunch or meet at your convenience . I'd like to discuss the Chesapeake Region Accessible Boating program. The Chesapeake Region Accessible Boating (CRAB), is a 501 (c)3 non-profit corporation, and has been providing the thrill, freedom, and therapeutic value of sailing to persons vvithdisabilities, wounded warriors, and local youth from at-risk communities for 27 years on Chesapeake Bay. CRAB currently serves 800 guests each year and the number is grovving. In 2017, 90 CRAB volunteers donated more than 2,000 hours of service for 54 events (in a 6-month season). For more information on CRAB please visit: www.crabsailing.org . CRAB is seeking funding to create an accessible boating marina. A bond bill in the 2018 session failed. I believe they have a great program that benefits many people vvithdisabilities and veterans. There is tremendous interest in the program. Here is a link to the websitehttp ://crabsailing .org/ Can you send me some dates and times you're available for lunch or a 2 of 4 MDG-18-0397-A-000286 7 /19/20181:31 PM Re: Meeting Request- CRAB meeting? Thank you, Jeannie. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Carrie Cook Executive Assistant 3 of 4 MDG-18-0397-A-000287 7/19/20181:31 PM Re: Meeting Request- CRAB Office of the Governor 100 State Circle Annapolis. Maryland 21401 carrie.cookl@Maryland.gov 410-260-3969 (office) 410-972-8692 (cell) MDG-18-0397-A-000288 4 of4 7/19/20181:31 PM Re: Meeting Request- CRAB Subject: Re: Meeting Request- CRAB From: Date: John Pica To: Carrie Cook -GOV- 7/6/2018 7:49 PM Carrie That works. I'll be at Jeannie's office at 3 on Thursday, July 12. Thank you. John Get Outlook for iOS From: Carrie Cook -GOV- Sent: Friday, July 6, 2018 4:06:21 PM To: John Pica Subject: Re: Meeting Request- CRAB John, How about Thursday, July 12 at 3:00 p.m.? Let me know if that works. You likely already know this, but Jeannie's office is on the second floor of the State House. You can walk up the marble stairs and let the guards know that you're here for a meeting with Jeannie. Thanks, Carrie Cook On Fri, Jul 6, 2018 at 2:37 PM, John Pica wrote: Carrie I'm available July 12, 16, 19, and 20. Those days are open all day. I can have lunch on those days also. Thank you. John 410 446 4600 Get Outlook for iOS From: carrie.cookl@maryland.gov Sent: Friday, July 6, 2018 2:16:54 PM To: John Pica Subject: Re: Meeting Request- CRAB on behalf of Jeannie Riccio -GOV- MDG-18-0397-A-000289 1 of 4 7/19/20181:31 PM Re: Meetin g Request- CRAB Hi John, Thank you for reaching out. I am Carrie, Jeannie's assistant. She let me know that she is interested in chatting about your organization. When you get a chance, please send me some days of the week and times you are typically available and I will check on Jeannie's schedule. She is pretty busy within the next few weeks but I'm sure we will be able to work something out. Please also note she will be out of Annapolis traveling on July 13, 17, and 18. Thanks, Carrie Cook Jeannie Haddaway-Riccio Deputy Qiief of Staff Office of the Governor 100 State Orcle Annapolis, IVlaryland21401 jeannie.riccio@rnary land.gov 410-260-3969 (office) 410-562-5056 ( rrnbile) On Fri, Jul 6, 2018 at 12:22 PM, John Pica wrote: Jeannie, Can we meet to discuss a program? Possibly have lunch or meet at your convenience. I'd like to discuss the Chesapeake Region Accessible Boating program. The Chesapeake Region Accessible Boating (CRAB), is a 501 (c)3 non-profit corporation, and has been providing the thrill, freedom, and therapeutic value of sailing to persons with disabilities, wounded warriors, and local youth from at-risk communities for 27 years on Chesapeake Bay. CRAB currently serves 800 guests each year and the number is growing. In 2017, 90 CRAB volunteers donated more than 2,000 hours of service for 54 events (in a 6-month season). For more information on CRAB please visit: www.crabsailing.org. 2 of 4 MDG-18-0397-A-000290 7 /19/20181 :31 PM Re: Meeting Request- CRAB CRAB is seeking funding to create an accessible boating marina. A bond bill in the 2018 session failed. I believe they have a great program that benefits many people with disabilities and veterans. There is tremendous interest in the program. Here is a link to th~ websitehttp://crabsailing.org/ Can you send me some dates and times you're available for lunch or a meeting? Thank you, Jeannie. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 3 of4 MDG-18-0397-A-000291 7/19/20181:31 PM Re: Meeting Request- CRAB 1979 to 1983 Carrie Cook Executive Assistant Office of the Governor 100 State Circle Annapolis, Maryland 21401 carrie.cook1@Maryland.gov 410-260-3969 (office) 410-972-8692 (cell) MDG-18-0397-A-000292 4of4 7/19/20181:31 PM Re: Meeting Request- CRAB Subject: Re: Meeting Request- CRAB From: John Pica Date: 7/6/2018 2:37 PM To: Jeannie Riccio -GOV- , "carrie.cookl@maryland.gov" Carrie I'm available July 12, 16, 19, and 20. Those days are open all day. I can have lunch on those days also . Thank you. John 410 446 4600 Get Outlook for iOS From: carrie.cookl@maryland.gov Sent: Friday, July 6, 2018 2:16:54 PM To: John Pica Subject: Re: Meeting Request- CRAB on behalf of Jeannie Riccio -GOV- Hi John, Thank you for reaching out . I am Carrie, Jeannie's assistant. She let me know that she is interested in chatting about your organization. When you get a chance, please send me some days of the week and times you are typically available and I will check on Jeannie's schedule. She is pretty busy within the next few weeks but I'm sure we will be able to work something out. Please also note she will be out of Annapolis traveling on July 13, 17, and 18. Thanks, Carrie Cook Jeannie Haddaway-Riccio Deputy Oiief of Staff Off ice of the Governor 100 State arcle Annapolis, Maryland 21401 jeannie.riccio@rraryland.gov 410-260-3969 (office) 1 of3 MDG-18-0397-A-000293 7 /19/20181:31 PM Re: Meeting Request- CRAB I 410-562-5056 (rrobile) On Fri, Jul 6, 2018 at 12:22 PM, John Pica wrote: Jeannie, Can we meet to discuss a program? Possibly have lunch or meet at your convenience. I'd like to discuss the Chesapeake Region Accessible Boating program. The Chesapeake Region Accessible Boating (CRAB), is a 501 (c)3 non-profit corporation, and has been providing the thrill, freedom, and therapeutic value of sailing to persons with disabilities, wounded warriors, and local youth from at-risk communities for 27 years on Chesapeake Bay. CRAB currently serves 800 guests each year and the number is growing. In 2017, 90 CRAB volunteers donated more than 2,000 hours of service for 54 events (in a 6-month season). .crabsailin g.org . For more information on CRAB please visit: \J\1\M/1/ CRAB is seeking funding to create an accessible boating marina. A bond bill in the 2018 session failed. I believe they have a great program that benefits many people with disabilities and veterans. There is tremendous interest in the program. Here is a link to the websitehttp://crabsailing.org/ Can you send me some dates and times you're available for lunch or a meeting? Thank you, Jeannie. John 410 446 4600 2 of3 MDG-18-0397-A-000294 7/19/20181:31 PM Re: Meeting Request- CRAB John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 3 of3 MDG-18-0397-A-000295 7/19/20181:31 PM Meeting Request- CRAB Subject: Meeting Request- CRAB From: John Pica Date: 7/6/2018 12:22 PM To: "jeannie.riccio@maryland.gov" Jeannie, Can we meet to discuss a program? Possibly have lunch or meet at your convenience. I'd like to discuss the Chesapeake Region Accessible Boating program. The Chesapeake Region Accessible Boating (CRAB), is a 501 (c)3 non-profit corporation, and has been providing the thrill, freedom, and therapeutic value of sailing to persons with disabilities, \NOUndedwarriors, and local youth from at-risk communities for 27 years on Chesapeake Bay. CRAB currently serves 800 guests each year and the number is growing. In 2017, 90 CRAB volunteers donated more than 2,000 hours of service for 54 events (in a 6-month season). For more information on CRAB please visit: www.crabsailing.org. CRAB is seeking funding to create an accessible boating marina. A bond bill in the 2018 session failed. I believe they have a great program that benefits many people with disabilities and veterans. There is tremendous interest in the program. Here is a link to the websitehttp://crabsailing.org / Can you send me some dates and times you're available for lunch or a meeting? Thank you, Jeannie. John 410 446 4600 John A. Flea, Jr. Flea & Associates, LLC 14 State Orcle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www .johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1 of2 MDG-18-0397-A-000296 7/19/2018 2:06 PM Meeting Request- CRAB 1979 to 1983 2 of2 7/19/2018 2:06 PM Re: Contact Information Subject: Re: Contact Information From: Cara Sullivan -GOV- Date: To: 2/7/2018 3:00 PM John Pica John, Good seeing you as well. My cell is below. Best, Cara Cara Sullivan Deputy Legislative Officer Office of the Governor o: 410-974-3336 c: 410-570-4918 On Feb 7, 2018 12:41 PM, "John Pica" wrote: Cara- good seeing you. My contact information is below. My cell is the best way to reach me- 410 446 4600 . Can you send your cell? Thanks. John John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com 1 of2 MDG-18-0397-A-000298 7/19/2018 12:07 PM Re: Contact Information Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 MDG-18-0397-A-000299 2 of2 7/19/2018 12:07 PM Witnesses- Testimony on Sunday Hunting Bill Subject: Witnesses- Testimony on Sunday Hunting Bill From: Date: CC: John Pica 2/6/2018 4:33 PM 'Jake McGuigan' , 'Trevor Santos' , 'Allison Cordell -DNR-' , "jeannie.riccio@maryland.gov" , "kara@sportsmenslink.org" , "johnnyray.salling@senate.state.md.us" , To: "carl .anderton@house.state.md.us" "ydm@abacuscorporation.com" , "efh@baltimoreblast.com" , "pau1susie1@gmail.com" , "rwade@loan//ocis.com" , "hfrank@hearst.com" , "abrownconsu1ting8312@gmail.com" , "ehale@haletrans.net" , "jfountain@garrisonadvisors.com" , "tobybozzuto@bozzuto.com" , "tbozzuto@bozzuto.com" , 'Phil Federico' , "rwade@loanlocis.com" , Bill Miles Ed Hale is helping organizing waterfowl hunters from the Eastern Shore and others who can testify at the hearing February 27 at 1:00 p.m. Please let me and Ed know if you can make it to testify. It's very important that we show strength at the hearing. You only need to speak for tvvo minutes. Here are some examples of the points you want to get across to committee members: I'm in favor of Sunday hunting I'm a waterfowl or deer hunter, or both I hunt on the Eastern Shore/ Baltimore County, Western Maryland, or wherever I hunt with my family/friends or both We vvould enjoy hunting on Sunday Currently, we cannot hunt on Sunday. The weekend is cut short. We spend money after hunting. It oould be a boost to the economy. Bill Miles- feel free to add to this email. Bill will also be getting witnesses to testify. I'd like to set up a meeting prior to February 27. John John A. Pica, Jr. Aca & Associates, LLC MDG-18-0397-A-000300 1 of4 7/19/2018 2:06 PM Nitnesses- Testimony on Sunday Hunting Bill 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 41 0 446 4600 tv1obile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: John Pica Sent: Tuesday, February 06, 2018 1:34 PM To: ydm@abacuscorporation.com; efh@baltimoreblast .com; paulsusie1@gmail.com ; rwade@loan//ocis .com; hfrank@hearst .com; abrownconsu1ting8312@gmail .com; ehale@haletrans .net; jfountain@garrisonadvisors.com; tobybozzuto@bozzuto.com; tbozzuto@bozzuto.com; 'Phil Federico' ; rwade@loanlocis .com Cc: 'Jake McGuigan' ; 'Trevor Santos' ; 'Allison Cordell -DNR-' ; jeannie.riccio@maryland.gov; kara@sportsmenslink .org; Bill Miles ; John Pica Subject: Senate Bill 817- Letters to Senator Conway All Attached are 3 sample letters in support of SB 817 . Please choose a letter and send to Senator Conway. Let's get as many people possible to send letters. Thanks. Mail to : Senator Joan Carter Conway 2 West Miller Senate Office Building 11 Bladen Street Annapolis, MD 21401 Phone: 410-841-3145 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 41 0 446 4600 tv1obile 41 0 280 2546 Fax Website- www .johnpica .com Member, Maryland Senate 1983 to 1998 MDG-18-0397-A-000301 2 of 4 7/19/2018 2:06 PM Witnesses- Testimony on Sunday Hunting Bill Member, House of Delegates 1979 to 1983 From: Bill Miles (mailto:billmiles@chesapeake.net ) Sent: Monday, February 05, 2018 7:55 PM To: John Pica : ydm@abacuscorporation.com ; efh@baltimoreblast.com; paulsusiel@gmail.com ; rwade@loan//ocis.com ; hfrank@hearst.com ; abrownconsulting8312@gmail.com ; ehale@haletrans.net; jfountain@garrisonadvisors.com ; tobybozzuto@bozzuto.com; tbozzuto@bozzuto.com ; 'Phil Federico' ; rwade@loanlocis.com Cc: 'Jake McGuigan' ; 'Trevor Santos' ; 'Allison Cordell -DNR-' ; jeannie.riccio@maryland.gov ; kara@sportsmenslink.org Subject: Miles -- Sunday Hunting Legislation -- Senate Hearing Date Importance: High The Sunday hunting bill - SB 817 - has been scheduled: February 27, 2018@ 1 pm before SEHEA. Bill Miles From: Bill Miles [ mailto: billmiles@chesapeake.net] Sent: Sunday, February 04, 2018 9:35 AM To: 'John Pica'; 'ydm@abacuscorporation.com'; 'efh@baltimoreblast.com'; 'paulsusie1@gmail.com'; 'rwade@loan//ocis.com'; 'hfrank@hearst.com'; 'abrownconsulting8312@gmail.com'; 'ehale@haletrans.net'; 'jfountain@garrisonadvisors.com'; 'tobybozzuto@bozzuto.com'; 'tbozzuto@bozzuto.com'; 'Phil Federico'; 'rwade@loanlocis.com' Cc: 'Jake McGuigan'; 'Trevor Santos (tsantos@nssf.org)'; 'Allison Cordell -DNR-'; 'jeannie.riccio@maryland.gov'; 'kara@sportsmenslink.org' Subject: Miles -- Sunday Hunting Legislation Fellow Sportsmen & Sportswomen Hunting season finally ended yesterday and trust, once again, all enjoyed being afield for a memorable waterfowl season. The Senate bill is in: Senate Bill 817. We were able to secure its introduction too that I met with the leadership as a bi-partisan initiative (link below with sponsors). Please know of the bi-partisan Maryland Legislative Sportsmen's Caucus on Thursday about the initiative and was instructed to develop their formal position of support. The House companion bill will be introduced early next week, likewise as a bi-partisan initiative . Note: it'll likely not be until tomorrow when the link below to SB 817 will actually allow a reading of the bill, it's simply the legislative system catching up with itself, so it's now you being unable to read it. http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=sb08l7&stab=Ol& ys=2018RS 3 of 4 MDG-18-0397-A-000302 7/19/2018 2:06 PM Witnesses- Testimony on Sunday Hunting Bill Know also at the Maryland Hunting Coalition's annual Hunter's Rally@ Lawyer's Mall (State House) last Thursday we met with over 100 lawmakers and expressed, among other things, the importance The response was encouraging. support-related We also expressed same to Governor Hogan and I can defensibly of this bill . say his response was equally encouraging. Now, the real work begins. Bill Miles Advisor, Maryland Advocate, Maryland Legislative Sportsmen's Caucus Hunting Coalition 443/404-7449 From: John Pica [ mailto:JPica@iohnpica.com] Sent: Thursday, February 01, 201811:54 AM To: ydm@abacuscorporation.com : efh@baltimoreblast.com : paulsusiel@qmail.com : rwade@loan//ocis.com ; hfrank@hearst.com : abrownconsultinq8312@qmail.com : ehale@haletrans.net : jfountain@qarrisonadvisors.com : tobybozzuto@bozzuto.com : tbozzuto@bozzuto.com ; Phil Federico; rwade@loanlocis.com Cc: Jake McGuigan; Trevor Santos (tsantos@nssf.org ); 'Allison Cordell -DNR-'; Bill Miles; jeannie.riccio@mary land .gov : kara@sportsmenslink .orq Subject: RE: Sunday Hunting Legislation All Attached is the final draft of the Sunday Hunting bill. It 'Nill be turned into the clerk's office for introduction today or tomorrow. We should have a bill number by Tuesday . Once we get a bill number we can begin writing letters to legislators and making phone calls. I'll get back to everyone next week. Please call me if you have any questions. John John A . Pica , Jr . Pica & Associates, LLC 14 State Circle Annapolis , MD 21401 41 0 990 1250 Off ice 410 446 4600 fvbbile 410 280 2546 Fax Website- www.johnpica.com Member, Maryla nd Senate 1983 to 1998 Member , House of Delegates 1979 to 1983 4of4 MDG-18-0397-A-000303 7/19/2018 2:06 PM RE: Miles -- Sunday Hunting Legislation -- Senate Hearing Date Subject: RE: Miles -- Sunday Hunting Legislation -- Senate Hearing Date From: Trevor Santos Date: 2/6/2018 8:56 AM Jake McGuigan , 'Allison Cordell -DNR-' CC: To: , "jeannie.riccio@maryland.gov" , "kara@sportsmenslink.org" Bill Miles , 'John Pica' , "ydm@abacuscorporation.com" , "efh@baltimoreblast.com" , "paulsusiel@gmail.com" , "hfrank@hearst.com" , "abrownconsulting83l2@gmail.com" , "ehale@haletrans.net" , "jfountain@garrisonadvisors.com" , "tobybozzuto@bozzuto.com" , "tbozzuto@bozzuto.com" , 'Phil Federico' , "rwade@loanlocis.com" Bill, thank you for the email. I have spoken with a few of the other national hunting/sportsmen's organization and feel it would be beneficial to form a "Maryland Sunday Hunting Coalition." I also believe it would help to have a one-pager on exactly what this legislation does and what it does not do. I already see some w rang information floating around the internet. I can begin w ark on the one - pager . Thanks, Trevor Trevor W. Santos Director, Government Relations-State Affairs National Shooting Sports Foundation 400 N. Capitol St., NW, Suite 490 Washington, DC 20001 202-220-1340 ext. 205 NSSF - The Firearms Industry Trade Association www .nssf.org From: Bill Miles [mailto:billmiles@chesapeake.net] Sent: Monday, February OS,2018 7: 55 PM To: 'John Pica'; ydm@abacuscorporation.com; efh@baltimoreblast.com; paulsusie1@gmail.com; rwade@loan//ocis.com; hfrank@hearst.com; abrownconsulting8312@gmail.com; ehale@haletrans.net; jfountain@garrisonadvisors.com; tobybozzuto@bozzuto.com; tbozzuto@bozzuto.com; 'Phil Federico'; rwade@loanlocis.com Cc:Jake McGuigan; Trevor Santos; 'Allison Cordell -DNR-'; jeannie.riccio@maryland.gov; kara@sportsmenslink.org Subject: Miles-- Sunday Hunting Legislation -- Senate Hearing Date Importance: High 1 of3 MDG-18-0397-A-000304 7/19/2018 2:07 PM RE: Miles -- Sunday Hunting Legislation -- Senate Hearing Date The Sunday hunting bill - SB817 - has been scheduled: February 27, 2018@ 1 pm before SEHEA. Bill Miles From: Bill Miles [ mailto:billmiles@chesapeake.net ] Sent: Sunday, February 04, 20189:35 AM To: 'John Pica'; 'ydm@abacuscorporation.com'; 'efh@baltimoreblast.com'; 'paulsusie1@gmail.com'; 'rwade@loan//ocis.com'; 'hfrank@hearst.com'; 'abrownconsulting8312@gmail.com'; 'ehale@haletrans.net'; 'jfount:ain@garrisonadvisors.com'; 'tobybozzuto@bozzuto.com'; 'tbozzuto@bozzuto.com'; 'Phil Federico'; 'rwade@loanlocis.com' Cc: 'Jake McGuigan'; 'Trevor Santos (tsantos@nssf.org)'; 'Allison Cordell -DNR-'; 'jeannie.riccio@maryland.gov'; 'kara@sportsmenslink .org' Subject: Miles-- Sunday Hunting Legislation Fellow Sportsmen & Sportswomen - Hunting season finally ended yesterday and trust, once again, all enjoyed being afield for a memorable waterfowl season. The Senate bill is in: Senate Bill 817. We were able to secure its introduction as a bi-partisan initiative (link below with sponsors). Please know too that I met with the Leadership of the bi-partisan Maryland Legislative Sportsmen's Caucus on Thursday about the initiative and was instructed to develop their formal position of support. The House companion bill will be introduced early next week, likewise as a bi-partisan initiative. Note: it'll likely not be until tomorrow when the link below to SB 817 will actually allow a reading of the bill, it's simply the legislative system catching up with itself, so it's now you being unable to read it. http://mgaleg.maryland.g ov/ webm ga/ frmMain.as px?pid=billpage&tab=subject3&id=sb0817&stab=01& ys=2018 RS Know also at the Maryland Hunting Coalition's annual Hunter's Rally@ Lawyer's Mall (State House) last Thursday we met with over 100 lawmakers and expressed, among other things, the importance of this bill. The response was encouraging. We also expressed same to Governor Hogan and I can defensibly say his support-related response was equally encouraging. Now, the real work begins. Bill Miles Advisor, Maryland Legislative Sportsmen's Caucus Advocate, Maryland Hunting Coalition 443/404-7449 2 of3 MDG-18-0397-A-000305 7/19/2018 2:07 PM RE: Miles -- Sunday Hunting Legislation -- Senate Hearing Date From: John Pica [ mailto:JPica@johnpica.com] Sent: Thursday, February 01, 2018 11:54 AM To: ydm@abacuscorporation.com ; efh@baltimoreblast.com ; paulsusie1@qmail.com; rwade@loan//ocis.com ; hfrank@hearst.com ; abrownconsultinq8312@qmail.com ; ehale@haletrans.net; jfountain@qarrisonadvisors.com ; tobybozzuto@bozzuto.com ; tbozzuto@bozzuto.com ; Phil Federico; rwade@loanlocis.com Cc: Jake McGuigan; Trevor Santos (tsantos@nssf.org); 'Allison Cordell -DNR-'; Bill Miles; jeannie.riccio@maryland.gov ; kara@sportsmenslink.org Subject: RE: Sunday Hunting Legislation All Attached is the final draft of the Sunday Hunting bill. It will be turned into the clerk's office for introduction today or tomorrow. We should have a bill number by Tuesday. Once we get a bill number we can begin writing letters to legislators and making phone calls . I'll get back to everyone next week. Please call me if you have any questions. John John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 41 0 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, 1983 to Member, 1979 to 3 of3 Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000306 7/19/2018 2:07 PM Re: Associated Italian American Charities Subject: Re: Associated Italian American Charities From: Kara Bowman -GOV- Date: 2/1/2018 9:33 AM To: Amanda Allen -GOV- Sounds good, I'll let him know On Thu, Feb 1, 2018 at 9:31 AM, Amanda Allen -GOV- wrote: I can put it on the calendar as an FYI but we won't be able to commit until May-ish. On Thu, Feb 1, 2018 at 9:28 AM, Kara Bowman -GOV- wrote: FYI - I spoke to John about this yesterday. Let me know your thoughts. Happy to let him know the Gov won't be able to make it.. ---------- Forwarded message---------From: John Pica Date: Tue, Jan 30, 2018 at 7:34 PM Subject: Associated Italian American Charities To: " kara.bowman@maryland.gov " Cc: Bill Martin , Vince Piscopo , " ladolcevitaltd@verizon.ne t" Kara I'd like to invite Governor Hogan as our guest to the Associated Italian American Charities' Dinner Dance on Saturday, June 09, 2018, 6:30 to midnight. Here's the link to the dinner dance- http://mdaiac.com/DinnerDance.html. We are hoping that Governor Hogan can take the opportunity on June 9 to name October as "Italian American Heritage Month" in Maryland. Please let me know if Governor Hogan can attend. Thank you for your consideration. John 410 446 4600 MDG-18-0397-A-000307 1 of3 7/19/2018 2:20 PM Re: Associated Italian American Charities John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan I00 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: (410) 533-1557 Kara.Bowman @Maryland.Gov Amanda Allen MDG-18-0397-A-000308 2 of3 7/19/2018 2:20 PM Re: Associated Italian American Charities Director of Scheduling & Executive Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Amanda.allen@maryland.gov 410-974-5910 (office) Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: (410) 533-1557 Kara.Bowman @Maryland.Gov MDG-18-0397-A-000309 3 of3 7/19/2018 2:20 PM Re: Associated Italian American Charities Subject: Re: Associated Italian American Charities From: Amanda Allen -GOV- Date: To: 2/1/2018 9:31 AM Kara Bowman -GOV- I can put it on the calendar as an FYI but we won't be able to commit until May-ish. On Thu, Feb 1, 2018 at 9:28 AM, Kara Bowman -GOV- wrote: FYI - I spoke to John about this yesterday. Let me know your thoughts. Happy to let him know the Gov won't be able to make it.. ---------- Forwarded message---------From: John Pica Date: Tue, Jan 30, 2018 at 7:34 PM Subject: Associated Italian American Charities To: " kara.bowman@maryland.gov " Cc: Bill Martin , Vince Piscopo , "ladolcevitaltd@verizon.net " Kara I'd like to invite Governor Hogan as our guest to the Associated Italian American Charities' Dinner Dance on Saturday, June 09, 2018, 6:30 to midnight. Here's the link to the dinner dance- http://mdaiac.com/DinnerDance.html. We are hoping that Governor Hogan can take the opportunity on June 9 to name October as "Italian American Heritage Month" in Maryland. Please let me know if Governor Hogan can attend. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC MDG-18-0397-A-000310 1 of3 7/19/2018 2:20 PM Re: Associated Italian American Charities 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan I 00 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: {410} 533-1557 Kara.Bowman @Maryland.Gov Amanda Allen Director of Scheduling & Executive Assistant to the Governor Office of Governor Larry Hogan MDG-18-0397-A-000311 2 of3 7/19/2018 2:20 PM Re: Associated Italian American Charities 100 State Circle Annapolis, Maryland 21401 Amanda.allen@maryland.gov 410-974-5910 (office) MDG-18-0397-A-000312 3 of3 7/19/2018 2:20 PM Re: Associated Italian American Charities Subject: Re: Associated Italian American Charities From: Amanda Allen -GOV- Date: 2/1/2018 9:31 AM To: Kara Bowman -GOV- I can put it on the calendar as an FYI but we won't be able to commit until May-ish. On Thu, Feb 1, 2018 at 9:28 AM, Kara Bowman -GOV- wrote: FYI - I spoke to John about this yesterday . Let me know your thoughts. Happy to let him know the Gov won't be able to make it.. ---------- Forwarded message---------From: John Pica Date: Tue, Jan 30, 2018 at 7:34 PM Subject: Associated Italian American Charities To: " kara.bowman@maryland.gov " Cc: Bill Martin , Vince Piscopo , " ladolcevitaltd@verizon.net " Kara I'd like to invite Governor Hogan as our guest to the Associated Italian American Charities' Dinner Dance on Saturday, June 09, 2018, 6:30 to midnight. Here's the link to the dinner dance- http://mdaiac.com/DinnerDance.html. We are hoping that Governor Hogan can take the opportunity on June 9 to name October as "Italian American Heritage Month" in Maryland. Please let me know if Governor Hogan can attend. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC MDG-18-0397-A-000313 1 of3 7/19/201811 :48 AM Re: Associated Italian American Charities 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan I 00 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: {4IO) 533-1557 Kara.Bowman @Maryland.Gov Amanda Allen Director of Scheduling & Executive Assistant to the Governor Office of Governor Larry Hogan MDG-18-0397-A-000314 2 of3 7 /19/201811:48 AM Re: Associated Italian American Charities 100 State Circle Annapolis, Maryland 21401 Amanda.allen@maryland.gov 410-974-5910 (office) MDG-18-0397-A-000315 3 of3 7/19/2018 11:48 AM Fwd: Associated Italian American Charities Subject: Fwd: Associated Italian American Charities From: Kara Bowman -GOV- Date: 2/1/2018 9:28 AM To: Amanda Allen -GOV- FYI - I spoke to John about this yesterday. Let me know your thoughts. Happy to let him know the Gov won't be able to make it.. ---------- Forwarded message---------From: John Pica Date: Tue, Jan 30, 2018 at 7:34 PM Subject: Associated Italian American Charities To: " kara.bowman@maryland.gov " Cc: Bill Martin , Vince Piscopo , " ladolcevitaltd@verizon .net " Kara I'd like to invite Governor Hogan as our guest to the Associated Italian American Charities' Dinner Dance on Saturday, June 09, 2018, 6:30 to midnight. Here's the link to the dinner dance- http://mdaiac.com/DinnerDance.html. We are hoping that Governor Hogan can take the opportunity on June 9 to name October as "Italian American Heritage Month" in Maryland. Please let me know if Governor Hogan can attend. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 MDG-18-0397-A-000316 1 of2 7/19/201811:48 AM Fwd: Associated Italian American Charities 410 990 1250 Office 410 446 4600 Mobile 41O 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Gove_rnor Larry Hogan 100 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: (410) 533-1557 Kara.Bowman@Maryland.Gov MDG-18-0397-A-000317 2 of2 7/19/2018 11:48 AM Fwd: Associated Italian American Charities Subject: Fwd: Associated Italian American Charities From: Kara Bowman -GOV- Date: 2/1/2018 12:03 PM To: Aiden Galloway -GOV- FYI ---------- Forwarded message ---------From: John Pica Date: Tue, Jan 30, 2018 at 7:34 PM Subject: Associated Italian American Charities To: " kara.bowman@maryland.gov " Cc: Bill Martin , Vince Piscopo , " Iadolcevita ltd@verizon.net " Kara I'd like to invite Governor Hogan as our guest to the Associated Italian American Charities' Dinner Dance on Saturday, June 09, 2018, 6:30 to midnight. Here's the link to the dinner dance- http://mdaiac.com/DinnerDance.html. We are hoping that Governor Hogan can take the opportunity on June 9 to name October as "Italian American Heritage Month" in Maryland. Please let me know if Governor Hogan can attend. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis. MD 21401 41 0 990 1250 Office MDG-18-0397-A-000318 1 of2 7/19/201811:47 AM Fwd: Associated Italian American Charities 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 Kara Bowman Senior Assistant to the Governor Office of Governor Larry Hogan 100 State Circle Annapolis, MD 21401 0: (410) 974-5046 C: (410) 533-1557 Kara.Bowman @Maryland.Gov MDG-18-0397-A-000319 2 of2 7/19/201811:47 AM Question on protocol Subject: Question on protocol From: Julia Pitcher Worcester Date: 1/25/2018 10:46 AM To: "mat.palmer@maryland.gov" Can we meet? I have a question on protocol from agency to governor's office on legislation (mainly related to health care). I'm around all day and come to your office at your convenience. Thanks so much! Julia Worcester, J.D. Senior Legislative Consult an t Law Office of J. William Pitcher 27 Maryland Avenue Annapolis, MD 21401 410.268.0842 office 410.271.8159 cell This errail rray contain rraterial that is confidential, privileged and/or attorney work product. It is intended for the sole use of the Law Office of J. William Pitcher, its errployees and firm clients. Any review, reliance, or distribution to others or forwarding without express perrrission of the Law Office of J. William Pitcher is strictly prohibited. If you are not the intended recipient, please contact the sender. MDG-18-0397-A-000320 1 ofl 7/19/2018 3:01 PM Associated Italian American Charities Subject: Associated Italian American Charities From: John Pica Date: 1/30/2018 7:34 PM CC: Bill Martin , "ladolcevitaltd@verizon.net" To: "kara.bowman@maryland.gov" Vince Piscopo , Kara I'd like to invite Governor Hogan as our guest to the Associated Italian American Charities' Dinner Dance on Saturday, June 09, 2018, 6:30 to midnight. Here's the link to the dinner dance- http://mdaiac.com/Dinn erDance.html. We are hoping that Governor Hogan can take the opportunity on June 9 to name October as "Italian American Heritage Month" in Maryland. Please let me know if Governor Hogan can attend. Thank you for your consideration. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 rvbbile 41 0 280 2546 Fax Website- www .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000321 1 ofl 7/19/2018 2:21 PM FW: MGRA- Leadership Breakfast Subject: FW: MGRA - Leadership Breakfast From: Julia Pitcher Worcester Date: 1/25/2018 12:48 PM Hello colleagues A few of you I've recently met for the first time and several of you arc in new roles/new business cards. It is my pleasure, as the president of MGRA, to invite you to join/renew or update your infonnation with our organization and have breakfast with our Board and membership next week. Our latest email blast is below with the link to register. Our Facebook page is generally quite active with regard to posting events and news of the organization, that link is here: https: //www.facebook.com /MarylandGovernmcntRelationsAssociation/?ref=bookmarks. We hope to see you there and if I can be of any assistance, please don't hesitate to call or email me any time. I look forward to seeing you all around the halls of Annapolis! Best, Julia Julia Worcester, J.D. Senior Legislative Consultant Law Office of J.William Pitcher 27 Maryland Avenue Annapolis, MD 21401 410 .268.0842 office 410 .271.8159 cell This errail rray contain rraterial that is confidential, privileged and/or attorney work product. It is intended for the sole use of the Law Office of J. William Pitcher, its errployees and firm clients. Any review, reliance, or distribution to others or forwarding without express pemission of the Law Office of J. William Pitcher is strictly prohibited. If you are not the intended recipient, please contact the sender. From: Maryland Government RelationsAssociation[mailto:admin@mgra.ccsend.com]On Behalf Of Maryland Government RelationsAssociation Sent: Monday, January 15, 201811:45AM To: Julia Pitcher Worcester Subject: Lastday for specialpricing! MGRABreakfastwith LeadershipJanuary 30, 2018and A little help with parking in Annapolis - Tips for Visitors - -·-·--·------- --- --There is still time to sign up! Visit https :/lrngra.org 1c\ ents MDG-18-0397-A-000322 1 of3 7/19/20181:41 PM FW: MGRA- Leadership Breakfast MGRA Annual Leadership Breakfast with Special Guests: Senate President, Thomas V. Mike Miller, Jr., Senate Minority Leader, J.B. Jennings, Speaker of the House, Michael E Busch (invited), and House Minority Leader, Nicolaus R. Kipke MGRA will also be honoring Robin F. Shaivitz with The George Manis Lifetime Achievement Award for her contributions to the profession of government affairs . Tuesday, January 30th 7:30-9:30AM The Calvert House · 58 State Circle · Annapolis Early Bird Rate (purchased by Jan. 15th), $35.00 Member Rate after the 15th, $45.00 Non-Member Rate after the 15th, $65.00 (If you are in need of a paper invoice, please contact MDGovRelations@Grnail.com ) REGISTERfor the event! https ://rngra.org/events/ Did you know? A little help with parking in Annapolis - tips for visitors Reserve Garage Parking Online: This is the first legislative session in which visitors to Annapolis can reserve garage parking online in Noah Hillman Garage, Knighton Garage, or Gotts Court Garage. Sim ply visit www.AnnapolisParkinq.com , navigate to the garage of your choice, and select "Buy Daily Parking." Also, the Circulator from Park Place and Knighton is now free! More information at https ://mgra.orq/news For more information visit https://mgra.org We look forward to seeing you January 30, 2018! Maryland Government Relations Association MDGovRelations@gmail.com MDG-18-0397-A-000323 2 of3 7/19/20181:41 PM FW: MGRA- Leadership Breakfast Maryland Government Relations Association 21401 U nsubscribe I 3 Church Circle, #106, Annapolis, MD julia@marylandlobbying.com Update P refile I A bout our service Sent by mdgovrelations@gmail.com provider in collaboration with Trusted Email from Constant Contact - Try it FREE today. Try it free today MDG-18-0397-A-000324 3 of3 7/19/20181:41 PM RE: Letter to HGO Subject: RE: Letter to HGO From: John Pica Date: 1/15/2018 11:28 AM To: Kaitlin Marsden -GOV- Don't get old, Katlin. Sorry. John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: John Pica Sent: Monday, January 15, 2018 11:25 AM To: 'Kaitlin Marsden -GOV-' Subject: Letter to HGO John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Off ice 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.c Member, 1983 to Member, 1979 to om Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000325 1 of 1 7/19/2018 2:19 PM Canceled: LISTof ACTIONITEMS Subject: Canceled: LISTof ACTION ITEMS John Pica From: Date: To: 1/15/2018 11:33 AM "kaitlin.marsden@maryland.gov" John Pica has canceledthis event: Canceled:LISTof ACTION ITEMS Title: Canceled: LISTof ACTION ITEMS Location: WEEK OF JANUARY15 When: Monday, January 15, 2018 11:30 AM - 12:00 PM Organizer: Description: John Pica Prepare for Columbus Meeting Bill drafting- US Oncology Email to Dr. Daniel- compensation Mary Keller 410 767 2017 NSSFcall Dan Wrinn Senator Salling- permission to draft bill Make other calls Vehicles for ChangeGovernor's Office of Crime Control and Prevention Call Janet Lane or Angelina Guarino WoodbourneCall Tony Wilson Other clientsPhone calls New businessPrepare for ARC meeting on Tuesday Bond bills Harriett Tum ban Dustin Brighton- 202 847 6410; brighton@i nternetassociation .org Internet Association- 202 803 5783 AIAC- make phone calls Attendees: kaitlin.marsden@maryland.gov MDG-18-0397-A-000326 1 ofl 7/19/2018 2:19 PM Re: LR number is 2345 Subject: Re: LR number is 2345 From: Kaitlin Marsden -GOV- Date: 1/13/2018 6:48 PM Attachments: image00l.jpg (0 bytes) To: John Pica No problem. Hope Kaitlin gets what she needs lol On Sat, Jan 13, 2018 at 6:46 PM John Pica wrote: At least you know what I'm doing next week. Once again, I'm sorry, Kaitlin. John John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 MDG-18-0397-A-000327 1 of4 . 7/19/2018 2:18 PM Re: LR number is 2345 From: Kaitlin Marsden -GOV- [mailto: kaitlin.marsden@maryland.gov] Sent: Saturday, January 13, 2018 6:44 PM To: John Pica Cc:Josh Swanner Subject: Re: LR number is 2345 Wrong Kaitlin. On Sat, Jan 13, 2018 at 6:24 PM John Pica wrote: I Kaitlin and Josh The LR# for the oncology bill is 2345. I John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 MDG-18-0397-A-000328 2 of 4 7/19/20 18 2:18 PM Re: LR number is 2345 From: Fidler, Sara [mailto: Sara.Fidler@mlis.state.md.us] Sent: Saturday, January 13, 2018 1:47 PM To: John Pica Subject: RE: Contact information? Thanks. if you need/want to reference it to anyone. From: John Pica [mail to:JPica@jo hn pica.com] Sent: Saturday, January 13, 2018 11:45 AM To: Fidler, Sara Subject: Re: Contact information? 410-446-4600 is my cell. Thanks, Sarah. John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone On 13 Jan 2018, at 9:54 AM, Fidler, Sara wrote: Good morning, Senator Pica, For the patient referral bill, what is the best way for the drafter to contact you with questions? Email? Phone? MDG-18-0397-A-000329 3 of4 7/19/2018 2:18 PM Re: LR number is 2345 Thanks, Sara Fidler (410) 841-3661 Sara.fidler@mlis.state.md.us Ima e removed by sender. Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) MDG-18-0397-A-000330 4 of4 7/19/2018 2:18 PM Re: LR number is 2345 Subject: Re: LR number is 2345 From: Date: CC: To: Kaitlin Marsden -GOV- 1/13/2018 6:43 PM Josh Swanner John Pica Wrong Kaitlin. On Sat, Jan 13, 2018 at 6:24 PM John Pica wrote: Kaitlin and Josh The LR# for the oncology bill is 2345 . John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates 1979 to 1983 From: Fidler, Sara [mailto: Sara.Fidler@mlis.state.md .us] MDG-18-0397-A-000331 1 of3 7/19/2018 2:19 PM Re: LR number is 2345 Sent: Saturday, January 13, 2018 1:47 PM To: John Pica Subject: RE:Contact information? Thanks. if you need/want to reference it to anyone. From: John Pica [mailto:JPica @johnpica.com ] Sent: Saturday, January 13, 2018 11:45 AM To: Fidler, Sara Subject: Re: Contact information? 410-446-4600 is my cell. Thanks, Sarah. John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone On 13 Jan 2018, at 9:54 AM, Fidler, Sara wrote: Good morning, Senator Pica, For the patient referral bill, what is the best way for the drafter to contact you with questions? Email? Phone? Thanks, MDG-18-0397-A-000332 2 of3 7/19/2018 2:19 PM Re: LR number is 2345 Sara Fidler (410) 841-3661 Sara.fidler@mlis.state.md.us Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) MDG-18-0397-A-000333 3 of3 7/19/2018 2:19 PM RE: LR number is 2345 Subject: RE: LR number is 2345 From: John Pica Date: 1/13/2018 6:46 PM To: Kaitlin Marsden -GOV- At least you know what I'm doing next week. Once again, I'm sorry, Kaitlin. John John A. F'ica, Jr. F'ica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Off ice 41 0 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: Kaitlin Marsden -GOV- [mailto:kaitlin.marsden@maryland.gov] Sent: Saturday, January 13, 2018 6:44 PM To: John Pica Cc:Josh Swanner Subject: Re: LR number is 2345 Wrong Kaitlin. On Sat, Jan 13, 2018 at 6:24 PM John Pica wrote: Kaitlin and Josh The LR# for the oncology bill is 2345. John A. F'ica, Jr. F'ica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica.com Member, Maryland Senate MDG-18-0397-A-000334 1 of2 7/19/2018 2:18 PM RE: LR number is 2345 1983 to 1998 Member, House of Delegates 1979 to 1983 From: Fidler, Sara [mailto: Sara.Fidler@mlis.state.md.us ] Sent: Saturday, January 13, 2018 1:47 PM To: John Pica Subject: RE: Contact information? Thanks. if you need/want to reference it to anyone. From: John Pica [mailto:JPica@johnpica.com ] Sent: Saturday, January 13, 2018 11:45 AM To: Fidler, Sara Subject: Re: Contact information? 410-446-4600 is my cell. Thanks, Sarah. John A. Pica Jr. 14 State Circle Annapolis. MD 21401 Sent from iPhone On 13 Jan 2018, at 9:54 AM, Fidler, Sara wrote: Good morning, Senator Pica, For the patient referral bill, what is the best way for the drafter to contact you with questions? Email? Phone? Thanks, Sara Fidler (410) 841-3661 Sara.fidler@mlis.state.md.us Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) MDG-18-0397-A-000335 2 of2 7/19/2018 2:18 PM Re: LISTof ACTIONITEMS Subject: Re: LISTof ACTION ITEMS From: Kaitlin Marsden -GOV- Date: 1/13/2018 6:44 PM CC: To: Intern , Josh Swanner John Pica Wrong Kaitlin. On Sat, Jan 13, 2018 at 6:38 PM John Pica wrote: Prepare for Columbus Meeting Bill drafting- US Oncology Email to Dr. Daniel- compensation Mary Keller 410 767 2017 NSSFcall Dan Wrinn Senator Salling- permission to draft bill Make other calls Vehicles for ChangeGovernor's Office of Crime Control and Prevention Call Janet Lane or Angelina Guarino WoodbourneCall Tony Wilson Other clientsPhone calls New businessPrepare for ARC meeting on Tuesday Bond bills MDG-18-0397-A-000336 1 of2 7/19/2018 2:19 PM Re: LISTof ACTIONITEMS Harriett Tumban Dustin Brighton- 202 84 7 641 0; brighton@internetassociation.org Internet Association- 202 803 5783 AIAC- make phone calls Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) MDG-18-0397-A-000337 2 of2 7/19/2018 2:19 PM LR number is 2345 Subject: LR number is 2345 From: John Pica Date: 1/13/2018 6:24 PM To: John Pica , "kaitlin.marsden@maryland.gov" , Josh Swanner Kaitlin and Josh The LR# for the oncology bill is 2345. John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Off ice 41 0 446 4600 l'vbbile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: Fidler, Sara [mailto:Sara.Fidler@mlis.state.md.us] Sent: Saturday, January 13, 2018 1:47 PM To: John Pica Subject: RE: Contact information? Thanks. if you need/want to reference it to anyone . From: John Pica [mailto:JPica@j ohnp ica.com ] Sent: Saturday, January 13, 2018 11:45 AM To: Fidler, Sara Subject: Re: Contact information? 410-446-4600 is my cell. Thanks, Sarah. John A. Pica Jr. 14 State Circle Annapolis, MD 21401 Sent from iPhone On 13 Jan 2018, at 9:54 AM, Fidler, Sara wrote: MDG-18-0397-A-000338 1 of2 7/19/2018 2:19 PM LR number is 2345 Good morning, Senator Pica, For the patient referral bill, what is the best way for the drafter to contact you with questions? Email? Phone? Thanks, Sara Fidler (410) 841-3661 Sara.fidler@mlis.state.md.us MDG-18-0397-A-000339 2 of2 7/19/2018 2:19 PM LISTof ACTIONITEMS Subject: LISTof ACTION ITEMS From: John Pica Date: 1/13/2018 6:37 PM To: "kaitlin.marsden@maryland.gov" , "Josh Swanner" , Intern John Pica has invited you to LISTof ACTION ITEMS Title: LISTof ACTION ITEMS Location: WEEK OF JANUARY15 When: Monday, January 15, 2018 11:30 AM -12:00 Organizer: Description: PM John Pica Prepare for Columbus Meeting Bill drafting- US Oncology Email to Dr. Daniel- compensation Mary Keller 410 767 2017 NSSFcall Dan Wrinn Senator Salling- permission to draft bill Make other calls Vehicles for ChangeGovernor's Office of Crime Control and Prevention Call Janet Lane or Angelina Guarino WoodbourneCall Tony Wilson Other clientsPhone calls New businessPrepare for ARC meeting on Tuesday Bond bills Harriett Tum ban Dustin Brighton- 202 847 6410; brig hto n@internetassociation.or g Internet Association- 202 803 5783 AIAC- make phone calls Attendees: kaitlin.marsden@maryland.gov Josh Swanner Intern 1 of 1 MDG-18-0397-A-000340 7/19/2018 2:18 PM WRONGKAITLINSenate Bill 13- Electronic Prescription Records Cos... Subject: WRONG KAITLIN Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 From: John Pica Date: 1/12/2018 10:12 AM To: "kaitlin.marsden@maryland.gov" Sorry, I emailed the wrong Kaitlin. John A . Rea, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 410 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica .com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: John Pica Sent: Friday, January 12, 2018 10 :09 AM To: 'kaitlin.marsden@maryland .gov' Subject: FW: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 "DISPEJ\JSER"DOES NOT INCLUDE A PERSON DESCRIBED IN 11 § 21-2A-01 (0)(3) OF THIS ARTICLE- HealthGeneral Article] (4) "PRESCRIPTIONDRUG" HAS THE MEANING STATED IN § 21-201 13 OF THIS A ITTICLE From: John Pica Sent: Friday, January 12, 2018 8:39 AM To: Storseth, Angela ; Lee, Edward J, MD ; Brown, John Cc:Josh Swanner ; 'kaitlin.marsden@maryland.gov' Subject: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 Senate Bill 13- http://mgaleg.maryland.gov/2018RS/bills/sb/sb0013f.pdf Please review this bill and let me know whether MOH should take a position. The bill requires a dispenser of a prescription drug to submit certain prescription information to the health information exchange. My office will review the bill in detail today. MDG-18-0397-A-000341 1 of2 7/19/2018 2:19 PM WRONG KAITLINSenate Bill 13- Electronic Prescription Records Cos... Thank you. John John A. Pica, Jr. Pica & Associates, LLC 14 State arcle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica.c om Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000342 2 of2 7/19/2018 2:19 PM Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 Subject: Senate Bill 13- Electronic Prescription Records Cost Saving Act of 2018 2 From: John Pica Date: 1/12/2018 8:39 AM CC: Josh Swanner , "kaitlin.marsden@maryland.gov" To: "Storseth, Angela" , , "Lee, Edward J, MD" "Brown, John" Senate Bill 13- http://mgaleg.maryland.gov/2018RS/bills/sb/sb0013f.pdf Please review this bill and let me know whether MOH should take a position. The bill requires a dispenser of a prescription drug to submit certain prescription information to the health information exchange. My office will review the bill in detail today. Thank you. John John A. Pica, Jr. Pica & Associates, LLC 14 State Orcle Annapolis, MD 21401 41 0 990 1250 Off ice 41 0 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000343 1 ofl 7/19/2018 2:19 PM Re: Monday Subject: Re: Monday From: Kaitlin Marsden -GOV- Date: 1/12/2018 6:11 PM To: John Pica Wrong Kaitlin Kaitlin Marsden Executive Asst. to the Chief of Staff Office of Governor Larry Hogan 100 State Circle Annapolis, Maryland 21401 Kaitlin.Marsden@Maryland.gov 410-974-5154 (office) On Fri, Jan 12, 2018 at 6:05 PM, John Pica wrote: I have a meeting with Senator Conway at 10 in Baltimore. Come in early enough to sign up witnesses for HB 2. John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- www.johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates MDG-18-0397-A-000344 1 of2 7/19/2018 2:19 PM Re: Monday 1979 to 1983 20f2 7/19/2018 2:19 PM Thank you Subject: Thank you From: John Pica Date: CC: 12/29/2017 6:52 PM Tiffany Robinson -GOV- , "courtney.highsmith@maryland.gov" To: Paul Beatty -GOV- Paul, Tiffany, and Courtney, Thank you for your cooperation and assistance on the matter we discussed a couple weeks ago. Your help is very much appreciated. John 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: Paul Beatty -GOV- [mailto:paul.beatty@maryland.gov] Sent: Thursday, December 07, 2017 9:44 AM To: John Pica Cc:Tiffany Robinson -GOV- ; courtney.highsmith@maryland.gov Subject: Re: MTA Bid- Home Paramount Hi John, Please address any questions to Cheryll Brewton, who is the procurement officer assigned to the bid. Her contact info is: Phone: 410-767-3446 Fax: 410-333-4810 Email: cbrewton@mt a.mar yland.gov Thank you, Paul Beatty MDG-18-0397-A-000346 1 of3 7/19/2018 3:10 PM Thank you Special Advisor to the Lt. Governor Office of Lt. Governor Boyd K. Rutherford 410-974-2461 Facebook I Twitter On Mon, Dec 4, 2017 at 3:13 PM, John Pica wrote: Paul, I'm checking to see if there's an update you can give me. If you look at the bid, starting on page 20, the job requires pest and rodent control on all MTA property, facilities, stations, structures, offices, vehicles, trains, and buses. It includes light rail, METRO Rail, and MARC Trains. Work is to be performed at all train stops, platforms, stations, offices, trailers, storage facilities, guard houses, and work-shops. This contract is not suited for a small business. It's virtually impossible for a small company to satisfactorily complete this work. Home Paramount has had this contract for several years. Removing the small business reserve restriction does not guarantee HP will get the contract. The company will still be required to compete in the bidding process. Under the current bid, HP cannot even bid the job. Please call me if you have any questions. Thank you . John Pica 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State arcle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 410 280 2546 Fax Website- w w w .johnpica.com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 MDG-18-0397-A-000347 2 of3 7/19/2018 3:10 PM Thank you 3 of3 7f19f2018 3:10 PM Accepted : Invitation: Meeting with John Pica - CRAB@ Thu Jul 12, 20 ... Subject: Accepted: Invitation: Meeting with John Pica - CRAB@ Thu Jul 12, 2018 3pm - 3:30pm (EDT) (jpica@johnpica.com) From: John Pica Date: 7/9/2018 8:47 AM To: "jeannie.riccio@maryland.gov" Event Invitation Title: Accepted: Invitation: Meeting with John Pica - CRAB @ Thu Jul 12, 2018 3pm - 3:30pm (EDT) (jpica@johnpica .com) When: Attendees: Thursday, July 12, 2018 3:00 PM - 3:30 PM John Pica MDG-18-0397-A-000349 1 ofl 7/19/2018 2:06 PM FW: MTA Bid- Home Paramount Subject: FW: MTA Bid- Home Paramount From: John Pica Date: 12/4/2017 3:03 PM Attachments: D MTA Bid.pdf (7.6 MB) CC: "Tilley, Nancy" To: "tiffany .robinson@maryland.gov" Tiffany, I'm checking to see if there's an update you can give me. If you look at the bid, starting on page 19, under section 3.2 Scope of Work, the job requires pest and rodent control on all MTA property, facilities, stations, structures, offices, vehicles, trains, and buses. It includes light rail, METRO Rail, and MARC Trains. Work is to be performed at all train stops, platforms, stations, offices, trailers, storage facilities, guard houses, and work-shops. This contract is not suited for a small business. It's virtually impossible for a small company to satisfactorily complete this work. Home Paramount has had this contract for several years. Removing the small business reserve restriction does not guarantee HP will get the contract. The company will still compete in the bidding process. Under the current bid, HP cannot even bid the job. Please call me if you have any questions. Thank you. John Pica 410 446 4600 John A . Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member , Maryland Senate 1983 to 1998 Member, House of Delegates MDG-18-0397-A-000350 1 of3 7/19/2018 3:27 PM FW: MTABid- Home Paramount 1979 to 1983 From: John Pica Sent: Thursday, November 30, 2017 2:04 PM To: 'tiffany .robinson@maryland.gov' Subject: MTA Bid Tiffany Attached is the MTA Pest and Rodent Control bid. The bid has been placed under the Small Business Reserve. Thank you for your consideration. John 410 446 4600 John A . Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Off ice 410 446 4600 rvbbile 41 0 280 2546 Fax Website- w w w .johnpica .com Member, 1983 to Member, 1979 to Maryland Senate 1998 House of Delegates 1983 From: Selander, Gina [mailto:gselander@homeparamount.com] Sent: Friday, November 24, 201711:17 AM To: John Pica Cc:Whipp, Judy ; Subject: RE: MTA Bromwell, Thomas John, Please see the attached MTA bid currently up for bid. Best Regards, Gina Selander Commercial Operations Coordinator Corporate Office Home Paramount Pest Control (410) 510-0700 x8162 MDG-18-0397-A-000351 2 of3 7/19/2018 3:27 PM FW: MTA Bid- Home Paramount http: //www.homeparamount.com / Disclaimer: This information is intended solely for the use of the individual to whom it is addressed. Any review, disclosure, copying, distribution or use of this e-mail communication by others is strictly prohibited. If you are not the intended recipient, please notify us immediately by returning this message to the sender and delete all copies. MDG-18-0397-A-000352 3 of3 7/19/2018 3:27 PM MARYLAND DEPARTMENT OF TRANSPORTATION STATE OF MARYLAND MARYLAND DEPARTMENT OF TRANSPORTATION MARYLAND TRANSIT ADMINISTRATION INVITATION FOR BIDS (IFB) SOLICITATION NO. AGY-18-004-MT MTA PEST AND RODENT CONTROL Issue Date: November 9, 2017 NOTICE TO BIDDERS/OFFERORS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article,§§ 14-501 -14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. See IFB Section 1.44 for additional information. MDG-18-0397-A-000353 STATEOF MARYLAND NOTICETO VENDORS In order to help us improve the quality of State solicitations,and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestionsregarding this solicitation. Please return your commentswith your response. If you have chosen not to respond to this Contract, please email or fax this completedfonn to the attention of the ProcurementOfficer (see the Key Information Sheet below for contact information). 1. Title: MTA Pest and Rodent Control SolicitationNo: AGY-18-004-MT If you have chosen not to respond to this solicitation,please indicate the reason(s) below: ( ( ( ( ( ( ) ) ) ) ) ) ( ( ( ( ( ) ) ) ) ) ( ) ( ) ( ) ( ) 2. Other commitments preclude our participationat this ti.me. The subject of the solicitation is not somethingwe ordinarilyprovide. We are inexperiencedin the work/commoditiesrequired. Specificationsare unclear, too restrictive, etc. (Explainin REMARKS section.) The scope of work is beyond our present capacity. Doing business with the State of Marylandis simply too complicated. (Explain in REMARKS section.) We cannot be competitive. (Explainin REMARKSsection.) Time allotted for completion of the Bid/Proposalis insufficient. Start-up time is insufficient. Bonding/Insurancerequirementsare restrictive. (Explain in REMARKS section.) Bid/Proposal requirements (other than specifications)are unreasonable or too risky. (Explain in REMARKS section.) MBE or VSBB requirements. (Explain in REMARKSsection.) Prior State of Maryland contract experiencewas unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) Payment schedule too slow. Other:_ _ _ ___ ___ _ ___ ___________ _ If you have submitted a response to this solicitation,but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.). REMARKS: Vendor Name: _________________ _ Contact Person: _____________ _ Date: ---------- Phone (__J __ -------- Address:_________________________ _ E-mail Address: ________________________ AGY-18-004-MT _ Pngc I Ii MTA Pest and RodentControl MDG-18-0397-A-000354 STATE OF MARYLAND MARYLAND TRANSIT ADMINISRATION IFB KEY INFORMATION SUMMARY SHEET Invitation for Bids: MT A Pest and Rodent Control Solicitation Number: AGY-18-004-MT IFB Issue Date: November 9, 2017 IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration Procurement Officer; Cheryll Brewton, Procurement Officer 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Phone:410-767-3446 Fax: 410-333-4810 cbrewton@mta.maryland.gov Bids are to be sent to: Maryland Transit Administration 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Attention: Cheryll Brewton Pre-Bid Conference: November 28, 2017 at 1:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 Bid Due (Closing) Date and Time: December 14, 2017 at 1:30 P.M. Local Time Public Bid Opening: December 14, 2017 at 2:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 AGY-18-004-MT Page I Iii MTA Pest and Rodent Control MDG-18-0397-A-000355 Table of Contents SECTION 1-GENEAAL IN'FORMATION .............................................................................. 6 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 Summary Statement ............................................ ............... .............................................. 6 Abbreviations and Definitions ............ ............................................... .............................. 6 Contract Type ................................................................................................................... 7 Contract Duration ............................................................................................................. 7 Procurement Officer ........................................................................................................ . 8 Contract Monitor ............ .................................................................................. ................ 8 Pre-Bid Conference .......................................................................................................... 8 eMarylandMarketplace ....................................... ............................................................. 9 Questions .......................................................................................................................... 9 Procurement Method ........................................................................................................ 9 Bids Due (Closing) Date and Time .................................................................................. 9 Multiple or Alternate Bids ................................................... .......................................... 10 Receipt, Opening and Recording of Bids ...................................................................... 10 Confidentiality of Bids .......... ......................................................................................... 10 Award Basis ..................................................................... .............................................. 10 Tie Bids .............................................................. ........................................................... . 11 Duration of Bid .............................................................................................................. 11 Revisions to the IFB ............................. .......................................................................... 11 Cancellations ............................................................ .................................... ............... ... 11 lncU1TedExpenses .......................................................................................................... 11 Protest/Disputes ............................................................................................................. 11 Bidder Responsibilities ...... ................. ........................................................................... 11 Substitution of Personnel ............................................................................................... 12 Mandatory Contractual Terms ....................................................................................... 12 Bid/Proposal Affidavit ......................... .................... .......... ............................................ 12 Contract Affidavit .......................................................................................................... 12 Compliance with Laws/Arrearages ................................................................................ 12 Verification of Registration and Tax Payment ................. ............................................. 12 False Statements .................................. ........................................................................... 13 Payinents by Electronic Funds Transfer ........................................................................ 13 Prompt Payment Policy .................................................................................................. 13 Electronic Procurements Authorized ............................................................................. 13 Minority Business Enterprise Goal and Subgoals ......................................................... 15 Living Wage Require1nents ........................................................................................... 15 Federal Funding Acknowledgement .............................................................................. 16 Conflict of Interest Affidavit and Disclosure ................................................................. 16 Non-Disclosure Agreement ................................... ........................................................ 16 HIPAA- Business Associate Agreement ...................................................................... 16 Nonvisual Access ........................................................................................................... 16 Mercury and Products That Contain Mercury ..................................... .......................... 16 Veteran-Owned Small Business Enterprise Goal ........................................ .................. 16 Location of the Performance of Services Disclosure ..................................................... 16 Department of Human Resources (DHR) Hiring Agreement ........................................ 17 AGY-18-004-MT Page I Iv MTA Pest and Rodent Control MDG-18-0397-A-000356 1.44 Small Business Reserve (SBR) Procurement ................................................................ SECTION 2-MINIMUM 2.1 17 QUALIFICATIONS ..................................................................... 19 Bidder Minimum Qualifications .................................................................................... 19 SECTION 3 - SCOPE OF WORK .................................... ,...................................................... 20 3 .1 3.2 3.3 3.4 3.5 3.6 3.7 Background and Purpose ........................................................ ....................................... Scope of Work~ Requirements ...................................................................................... Security Requirements ................................................................................................... Insurance Requirements ................................................................................................. Problem Escalation Procedure ....................................................................................... Invoicing ........................................................................................................................ End of Contract Transition ............................................................................................. 20 20 29 29 30 30 31 SECTION 4 - BID FORMAT .................................................................................................... 32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 One Part Subn1ission ...................................................................................................... Labeling ......................................................................................................................... Bid Price Form ............................ ................................................................................... Required Bid Submissions ............................................................................................. Reciprocal Preference .................................................................................................... Delivery .......................................................................................................................... Documents Required upon Notice of Recommendation for Contract Award ............... 32 32 32 32 34 34 35 IBB ATTAC"HMENTS ................................................................................................................. 36 ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT AGY-18-004-MT A-CONTRACT .......................................................................................... 37 B- BIDIPROPOSAL AFFIDAVIT ............................................................. 50 C-CONTRACT AFFIDAVIT ......................,................................................ 57 D - PRE-BID CONFERENCE RESPONSE FORM ................................... 60 E- BID PRICING INSTRUCTIONS .......................................................... 61 E- BID FORM ............................................................................................ 62 F - LNING WAGE REQUrREMENTS FOR SERVICE CONTRACTS .. 63 G - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ........ 67 H-NON-DISCLOSURE AGREEMENT ................................................... 68 MTA Pest nnd Rodent Control Pngel v MDG-18-0397-A-000357 SECTION 1 - GENERAL INFORMATION I1.1 Summary Statement 1.1. l The Maryland Transit Administration (MT A) is issuing this Invitation for Bids (IFB) to provide MT A properties, vehicles, buildings, office, grounds, and structures with effective and positive control of all rodents and pests. 1.1.2 It is the State's intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract is five (5) years. See Section 1.4 for more information. 1.1.3 The Department intends to award up to two (2) Contracts based on Function Area(s), as a result of this IFB. See IFB Section 1.15 for more information. 1.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder(s) (the Contractors) shall remain responsible for Contract performance regardless of subcontractor participation in the work. 1.2 Abbreviations and Definitions For purposes of this IFB, the following abbreviations or terms have the meanings indicated below: 1. Bid - A statement of price offered by a Bidder in response to an IFB. 2. Bidder - An entity that submits a Bid in response to this IFB. 3. Business Day(s)-The official working days of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of "Normal State Business Hours" below). 4. COMAR- Code of Maryland Regulations available on-line at www.dsd.state.md.us . 5. Contract - The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment A. 6. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4. 7. Contract Monitor (CM)-The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor's responsibilities. 8. Contractor - The selected Bidder that is awarded a Contract by the State. 9. Department or MTA- Maryland Transit Administration. AGY-18-004-MT MTA Pest and Rodent Control Page I6 MDG-18-0397-A-000358 I 0. eMM - eMaryland Marketplace (see IFB Section 1.8). 11. Go-Live Date - The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by this solicitation. See Section 1.4. 12. Invitation for Bids (IFB)-This Invitation for Bids solicitation issued by the MTA, with the Solicitation Number and date of issuance indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors), including any addenda. 13. Local Time - Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. 14. Minority Business Enterprise (MBE)-Any legal entity certified as defined at COMAR 21.0l.02.0IB(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03. 15. Normal State Business Hours - Normal State business hours are 8:00 a.m. - 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov- keyword: State Holidays. 16. Notice to Proceed (NTP) - A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go-Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the Department Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date. 17. Procurement Officer- Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor. 18. State - The State of Maryland. 19. Total Bid Price - The Bidder's total price for services in response to this solicitation, included in the Bid in Attachment F - Bid Form, and used in determining the recommended awardee (see IFB Section 1.15). 20. Veteran-owned Small Business Enterprise (VSBE)- a business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13. I t.3 Contract Type The Contract resulting from this solicitation shall be a finn fixed price as defined in COMAR 21.06.03.02.A( 1)&(2). I t.4 l .4.1 Contract Duration The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required ("Contract Commencement"). AGY-18-004-MT MTA Pest and Rodent Control Pagel7 MDG-18-0397-A-000359 l.4.2 The period of time from the date of Contract Commencementthrough the Go-Live Date (see Section 1.2 definition and Section l .4.3) will be the Contract "Start-up Period." During the Start-up Period the Contractor shall perfonn start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any activities it performs during the Start-up Period. 1.4.3 As of the Go-Live Date contained in a Notice to Proceed (see Section 1.2 definition), the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Bid. 1.4.4 The duration of the Contract will be for the period of time from Contract Commencement from Notice to Proceed for the provision of all services required by the Contract and the requirements of this solicitation. 1.4.5 The Contractor's obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or tennination of the Contract and continue in effect until all such obligations are satisfied. I 1.5 Procurement Officer The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract (see definition of "Procurement Officer" in Section 1.2). The name and contact infonnation of the Procurement Officer are indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Deparlment may change the Procurement Officer at any time by written notice. No other MTA employees should be contacted referencing this IFB. The vendor is liable for any information received from other than the procurement officer. 11.6 Contract Monitor The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award (see definition of "Contract Monitor" in Section 1.2). The name and contact information of the Contract Monitor are indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Department may change the Contract Monitor at any time by written notice. 11.1 Pre-Bid Conference A Pre-Bid Conference (the Conference) will be held at the date, time, and location indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids. The Conference will be summarized. As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to have received a copy of this IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace. See IFB Section 1.8. AGY-18--004-MT MTA Pest and RodentControl Pagel8 MDG-18-0397-A-000360 In order to assure adequate seating and other accommodations at the Conference, please e-mail or fax the Pre-Bid Conference Response Form (Attachment E) to the attention of the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. The Department will make a reasonable effort to provide such special accommodation. 11.s eMarylandMarketplace Each Bidder is requested to indicate its eMaryland Marketplace (eMM) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Bid submission to this IFB. eMM is an electronic commerce system administered by the Maryland Department of General Services. Means for transmitting the IFB and associated materials, the solicitation and summary of the Pre-Bid Conference, Bidder questions and the Procurement Officer's responses, addenda, and other solicitation-related information will be provided via eMM. In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to htt_ps://emaryland .buy speed.com/bso/login.jsp, click on "Register" to begin the process, and then follow the prompts. 11.9 Questions Written questions from prospective Bidders will be accepted by the Procurement Officer prior to the Conference. If possible and appropriate, such questions will be answered at the Conference. (No substantive question will be answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via e-mail to the via email to the following address: cbrewton@mta.maryland.gov. Please identify in the subject line the Solicitation Number and Title . Questions, both oral and written, will also be accepted from prospective Bidders attending the Conference. If possible and appropriate , these questions will be answered at the Conference. Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer via email in a timely manner prior to the Bid due date. Questions are requested to be submitted at least fifteen ( 15) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Time permitting, answers to all substantive questions that have not previously been answered , and are not clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the IFB in sufficient time for the answer to be taken into consideration in the Bid. It.10 Procurement Method This Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02 . \ 1.11 Bids Due (Closing) Date and Time , Bids, in the number and fonn set forth in Section 4.4 "Required Bid Submissions," must be received by the Procurement Officer at the Procurement Officer's address and no later than the Bid Due date and time indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) in order to be considered . THE REMAINDER OF Tms PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Pagel9 MDG-18-0397-A-000361 Requests for extension of this time or date will not be granted. Bidders mailing Bids should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05 .02.10, Bids received after the due date and time listed in this section will not be considered, Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids may not be submittedby e-mail or facsimile. Vendors not responding to this solicitation are requested to submit the "Notice to Vendors" form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.). This form is located in the IFB immediately following the Title Page (page ii). It.12 Multiple or Alternate Bids Multiple and/or alternate Bids will not be accepted. It .13 Receipt, Opening and Recording of Bids · 1.13.1 Receipt. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. l.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. The name of each Bidder, the total Bid price, and such other information as is deemed appropriate shall be read aloud or otherwise made available. 1.13.3 The Bid Opening shall be at the date, time, and location indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) It.14 Confidentiality of Bids The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price. For requests for information made under the Public Information Act (PIA), the Procurement Officer shall examine the Bids to detennine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General. I t.15 Award Basis The Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for each of the functional areas for providing the goods and services as specified in this IFB. The most favorable Total Bid Price will be the lowest price total on AttachmentE - Bid Fonn. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 10 MDG-18-0397-A-000362 I t.16 Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14. I 1.17 Duration of Bid Bids submitted in response to this IFB are irrevocable for 180 days following the closing date of the Bids. This period may be extended at the Procurement Officer's request only with the Bidder's written agreement. It.18 Revisions to the IFB If it becomes necessary to revise this IFB before the due date for Bids, the Department shall endeavor to provide addenda to all prospective Bidders that were sent this IFB or which are otherwise known by the Procurement Officer to have obtained this IFB. In addition, addenda to the IFB will be posted on the Department's procurement web page and through eMM . 1t remains the responsibility of all prospective Bidders to check all applicable websites for any addenda issued prior to the submission of Bids. Acknowledgment of the receipt of all addenda to this IFB issued before the Bid due date shall be included in the Transmittal Letter accompanying the Bidder's Bid. Failure to acknowledge receipt of an addendwn does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the IFB. It.19 Cancellations The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB. j 1.20 Incurred Expenses The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to submitting a Bid in response to this solicitation. It.21 Protest/Disputes Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies}. Il.22 Bidder Responsibilities The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid sha11be included in the Bidder's Bid. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB . If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder , such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall AGY-18-004-MT MTA Pest nndRodent Control Page 111 MDG-18-0397-A-000363 pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder shall submit with its Bid an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary. It.23 Substitution of Personnel If the solicitation requires that a particular individual or personnel be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor , the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State's remedies under the Contract or which otherwise may be available at law or in equity. I t.24 Mandatory Contractual Terms By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and condition s of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection. I t.25 Bid/Proposal Affidavit A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this IFB. It.26 Contract Affidavit All Bidders are advi sed that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this IFB. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. This Contract Affidavit is also required to be submitted by the Contractor with any Contract renewal, including the exercise of any options or modifications that may extend the Contract term . For purposes of completing Section "B" of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), note that a business entity that is organized outside of the State of Maryland is considered to be a "foreign" business. I t.27 Compliance with Laws/Arrearages By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of ta,ces and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award. It .28 Verification of Registration and Tax Payment Before a business entity can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803,301 West Preston Street, Baltimore, Maryland 21201. The SDAT website is http://sdatcert3.resiusa.org/ucc-charter/ . AGY-18-004-MT MTA Pest and Rodent Control Page 112 MDG-18-0397-A-000364 It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder's failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award. I1.29 False Statements Bidders are advised that Md. Code Ann., State Finance and Procurement Article,§ 11-205. l provides as follows: 1.29. l In connection with a procurement contract a person may not willfully : (a) (b) (c) l.29.2 Falsify, conceal, or suppress a material fact by any scheme or device; Make a false or fraudulent statement or representation of a material fact; or Use a false writing or document that contains a false or fraudulent statement or entry of a material fact. A person may not aid or conspire with another person to commit an act under subsection (1) of this section. 1.29.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both. I t.30 Payments by Electronic Funds Transfer By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds transfer (EFf) unless the State Comptroller's Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000 . The selected Bidder/Offerer shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller's Office for approval at the address specified on the COT/GAD X-10 form, must include the business il:lentification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller's website at: htt,p://comptroller .marylandtaxes.com/Govemment Services/State Accountin g Information/Static Files/ APM/gadx10.pdf I1.31 Prompt Payment Policy This procurement and the Contract(s} to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor's Office of Minority Affairs (GOMA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article,§§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract "Prompt Payment" clause (see Attachment A). Additional information is available on GOMA's website at: http://goma.ma ryland. gov/Documents/Le gislation/Prom ptPaymentF AOs.pdf I t.32 A. Electronic ProcurementsAuthorized Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a AGY-18-004-MT MTA Pest and Rodent Control Page I 13 MDG-18-0397-A-000365 contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21. ~ 8. Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract. C. "Electronic means" refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange. D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., § 1.30 "Payments by Electronic Funds Transfer") and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the terms described: 1. The Procurement Officer may conduct the procurement using eMM, e-mail, or facsimile to issue: (a) (b) (c) (d) (e) the solicitation (e.g., the IFB/RFP); any amendments; pre-Bid/Proposal conference documents; questions and responses; communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential Bidder/Offeror; (f) notices of award selection or non-selection; and (g) the Procurement Officer's decision on any Bid protest or Contract claim. 2. A Bidder/Offeror or potential Bidder/Offeror may use e-mail or facsimile to: (a) ask questions regarding the solicitation; (b) reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer's request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer; (c) submit a "No Bid/Proposal Response" to the solicitation. 3. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section E of this subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor. E. The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means: 1. 2. 3. 4. submission of initial Bids or Proposals; filing of Bid Protests; filing of Contract Claims; submission of documents determined by the Department to require original signatures (e .g., Contract execution, Contract modifications, etc.); or 5. any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder/Offeror be provided in writing or hard copy. AGY-18-004-MT MTA Pest and Rodent Control Page I 14 MDG-18-0397-A-000366 F. It.33 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor. Minority Business Enterprise Goal and Subgoals There is no MBE subcontractor participation goal for this procurement. I t.34 Living Wage Requirements Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code, State Finance and Procurement, § 18-10 I et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a Contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements . See COMAR 21.11.l 0.05. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11. l 0.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. See the "Living Wage" clause in the Contract (Attachment A). Additional information regarding the State's living wage requirement is contained in Attachment F. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement {Attachment F-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required documentation, the State may determine a Bidder/Offeror to be not responsible under State law. Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier I Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery, Prince George's, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area . In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to§ 18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder/Offeror must identify in its Bid/Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided. • If the Contractor provides 50% or more of the services from a location(s) in a Tier l jurisdiction(s) the Contract will be a Tier 1 Contract. • If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract. • If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, this Contract will be determined to be a Tier l Contract. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml. AGY-18-004-MT MTA Pest and Rodent Control Page I 15 MDG-18-0397-A-000367 NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because of 11Living Wnge change. j 1.35 Federal Funding Acknowledgement This Contract does not contain Federal funds. j 1.36 Conflict oflnterest Affidavit and Disclosure Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment G) and submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the Contractor's personnel who perfonn or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment G Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 2 1.05.08.08 . I t.37 Non-DisclosureAgreement All Bidders/Offerors are advised that this solicitation and any resultant Contract(s) are subject to the tenns of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment H. This Agreement must be provided within five (5) Business Days of notification of proposed Contract award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid/Proposal. I 1.38 IDPAA - Business Associate Agreement A HIPAA Business Associate Agreement is not required for this procurement. j 1.39 Nonvisual Access This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access. I t.40 Mercury and Products Th~t Contain Mercury This solicitation does not include the procurement of products known to likely include mercury as a component. It.41 Veteran-Owned Small Business Enterprise Goal There is no Veteran-Owned Small Business Enterprise (VSBE) participation goal for this procurement. I t.42 Location of the Performance of Services Disclosure This solicitation does not require a Location of the Perfonnance of Services Disclosure. AGY-18-004-MT MTA Pest nnd Rodent Control Page I 16 MDG-18-0397-A-000368 I 1.43 Department of Human Resources (DHR) Hiring Agreement This solicitation does not require a DHR Hiring Agreement. 11.44 Small Business Reserve (SBR) Procurement This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§ 14-50114-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria: A. It is independently owned and operated; B. It is not a subsidiary of another business; C. It is not dominant in its field of operation; and D. Either: (1) With respect to employees: (a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years; (b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years; (c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and (f) The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; or (2) With respect to gross sales: (a) The gross sales of its wholesale operations did not exceed an average of$4,000,000 in its most recently completed 3 fiscal years; (b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years; AGY-18-004-MT MTA Pest and Rodent Control Page I 17 MDG-18-0397-A-000369 (c) The gross sales of its manufacturing operations did not exceed an average of$2,000,000 in its most recently completed 3 fiscal years; (d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years; (e) TI1e gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and (f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence. Further infonnation on the certification process is available at eMaryland Marketplace. F. Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract. G. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by U1eDepartment of General Services as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been certified. H. Reporting. The designated procurement units shall submit a report on the Small Business Reserve Program annually as required under COMAR21.13.0l.03B. THE REMAINDEROF TIHS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page 118 MDG-18-0397-A-000370 SECTION 2 - MINIMUM QUALIFICATIONS 12.1 Bidder Minimum Qualifications The Bidder shall provide proof with its Bid that the following Minimum Qualifications have been met: 2.1. 1 The Bidder shall be properly licensed and certified to handle, apply, and dispose of any/all pesticides, insecticides, and chemicals, etc. used in accordance with any/all applicable OSHA, Maryland State, and Federal Laws and Regulations. 2.1.2 The Bidder shall submit complete and legible copies of current licenses nnd certifications as stated above, Section 2.1. I. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and RodentControl Pngc 119 MDG-18-0397-A-000371 SECTION 3 - SCOPE OF WORK 13.1 Background and Purpose The Maryland Transit Administration (MTA) is issuing this Invitation to Bid (IFB) to award one or more contracts, based on Functional Area, to a qualified finn( s) to provide effective and positive control of all rodents and pests in the MT A properties, vehicles, buildings, offices, grounds, and structures. I 3.2 Scope of Work - Requirements 3.2.1 Definitions A. Function Area I- Includes all MT A property, facilities, stations, structures, offices, vehicles, and buses within the Bus Division. B. Function Area II- Includes all MTA property, facilities, stations, structures, offices, rail cars, and vehicles within the Light Rail, METRO Rail, and MARC Train Divisions. C. Pests- Identified as any destructive or troublesome insects and bugs of any type. D. Rodents- Including, but not limited to, rats, mice, snakes, squirrels, raccoons, possums, lizards, birds, wasps, bees, cats, stink-bugs, etc. E. Special Circumstance Service Requests- Identified as situations based on MT A's employees' visual observations, customer complaints, special projects, demolition, structure rebuilds, and/or specified occurrences as deemed necessary by the MTA. F. Additional Service Requests- Identified as Situations based on MT A employees' suspicion of a re-infestation of any area, vehicles, structures, buildings, properties, etc. in between regularly scheduled treatments. G. Warranty Services- Services required by the need to reapply treatments to any/all MTA properties, facilities, stations, structures, offices, buses, railcars, vehicles, buildings, and/or specified areas within the "treatment/application's effective period as specified by the Contractor'' due to its ineffectualness. H. Service Locations- Including, but not limited to: 1. Stations- Consists of a physical structure above or below ground 2. Train Stops- Consists of, but not limited to, rail platfonns and/or exterior restroom 3. Platfonns- Consists of a stand-alone rail platform used to board and exit rail vehicle 4. Facilities- Consists of office buildings, trailers, workshops, storage facilities, and guardhouses/ guard shelters. I. Rodent Control Services- Includes, but not limited to, "Rat Traps" and "Rat Zappers". However, the Contractor will consider ''Rat Traps and Rat Zappers" comparable in costs as MTA will be implementing the sole use of "Rat Zappers" in the future. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest nnd Rodent Control Page J 20 MDG-18-0397-A-000372 3.2.2 General Requirements A. The Contractor shall provide his/her own equipment, labor, insecticides, pesticides, disinfectants, chemicals, vehicles and/or transportation, tools, materials, and supplies as required for the work to be completed for a comprehensive pest and rodent control service as described herein. B. The Contractor shall provide effective and positive treatment for the complete control of rodents and pests as described herein. C. The Contractor shall be required to make "Special Circumstan~e" service requests to treat areas and/or vehicles as requested by the MTA. The requested "Special Circumstance" service call may be due to MTA employees' visual inspections, customer complaints, special projects, demolition and/or rebuild of structures, or any reasons as deemed necessary by the MT A. The Contractor shall respond to all "Special Circumstance" service requests within twelve (12) hours ofreceipt of the request. D. The Contractor shall provide the treatment of termites on an as needed basis only and shall submit an itemized list of costs for all services, :insecticides, and chemicals used in the treatment of the termites. E. The Contractor shall perform the inspection, location, trapping, and extem1ination of rats, mice, raccoons, possums, and other rodents as defined under "Definitions" on an as needed basis only and shall submit itemized costs list of all services, equipment, and/or chemicals used. 3.2.3 Additional Services A. Upon a MTA Project Manager's request, the Contractor shall be required to provide additional services to ensure adequate pest/rodent control at any other MT A locations, unoccupied property, or structure. Upon such requests, an escort may be provided during the period necessary to treat the affected area(s). This service falls under the classification of"as needed treatments". B. Upon the suspicion of an infestation, MTA may request additional services at any time between regularly scheduled treatments as outlined in Section 3.2.8.A. Should the Contractor confirm the infestation of any group of vehicles, structures, offices, facilities, properties or buildings, the Contractor shall be required to apply treatment to all specified areas. C. In all instances of confirmed infestation, the Contractor shall be required to produce, in writing, an accurate and adequate statement of facts, identifying the pests and/or rodents, the magnitude of the infestation, the location of the infestation;and specify all insecticides, pesticides, disinfectants, chemicals, or traps required for the treatment and the number of applications required to eradicate the infestation. D. The Contractor shall obtain prior approval from the Project Manager in the case of receipt of requests for "Special Circumstance" and/or "Additional Services" prior to performing any pest and rodent control services. E. The Contractor shall perform any/all "Warranty" services at no charge; as it is defined as a reapplication within thirty (30) days of the previously scheduled treatment /application. F. Upon the Contractor's receipt of the Project Manager's written approval, the Contractor shall be required to apply treatment to all approved specified vehicles, structures, offices, facilities, properties, and/or buildings within twenty-four (24} hours of notification of approval; this includes any/all "Warranty" services. 3.2.4 Safety and Convenience AGY-18-004-MT MTA Pest and Rodent Control Page I 21 MDG-18-0397-A-000373 A. The application of the treatment process shnll not present any objectionable odors/fumes, health hazards, and/or discomfort to the lives and/or well-being of MTA employees, customers, or visitors. B. All insecticides, pesticides, disinfectants, chemicals, or traps used on vehicles or used in MT A structures or building shall not be harmful or cause any damages to the vehicles, stnictures, or building itself. This includes flooring, paneling, wall coverings, carpeting, wiring, furniture, etc. C. BUS: The application of the treatment process shall not require the removal of any bus from service for a period exceeding four hours. D. LIGHT RAIL: The Application of the treatment process shall not require the removal of any rail car from service for a period exceeding four hours. E. METRO: The application of the treatment process shall not require the removal of any rail car from service for a period exceeding two hours. ' process shall not require any facilities, offices, F. MARC TRAIN SERVICE: The application of the treatment and buildings to be closed or shut down from service for a period exceeding one hour. G. Services shall be provided to the facilities, offices, buildings, and structures during the hours as specified in Section 3.2.5. 1. Treatments applied in facilities, offices, buildings, and structures may be occupied during the treatment process. If the areas as described above must be vacated during the treatment process, the Contractor shall 2. arrange with the appropriate Mode Managers, or his/her designee, to provide all such services . Monday through Friday between the hours of 6:00PM to 6:00AM. H. The Contractor shall ensure that the treatment area can be washed or otherwise cleaned with no detrimental effect to the process twelve (12} hours ·after the application of the process. I. No objectionable odors/fumes will be present one hour after the application process unless otherwise specified. 3.2.5 Scheduling A. The Contractor shall schedule meetings with the appropriate Mode Managers, or his/her designee, prior to perform any services. B. The Contractor shall provide the appropriate Mode Managers, or his/her designee, with a legible written schedule of work to be performed at the start of each scheduled meeting. C. The Contractor shall report to the appropriate MT A Mode Manager, or his/her designee, prior to and upon completion of all services/repairs perfonned. D. BUS l. Facilities- The Contractor shall provide treatments to the facilities, offices, and building during normal business hours, Monday through Friday between the hours of 7:00AM and 2:00PM. 2. Buses- The Contractor shall provide treatments to the buses on Saturday and Sunday between the hours of2:00AM and 6:00AM. AGY-18-004-MT MTA Pest and RodentControl Page j 22 MDG-18-0397-A-000374 E. METRO RAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during normal business hours, Monday through Friday, 7:00AM to 2:00PM. 2. Rail Cars-The Contractor shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. F. LIGHT RAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during nonnal business hours of Monday through Friday 7:00AM to 2:00PM. 2. Rail Cars-The Contract shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. G. MARC TRAIN I. Stations- The Contractor shall provide treatments to the facilities, offices, and buildings during normal business hours, Monday through Friday 7:00AM to 2:00PM. 2. Properties- The Contractor shall provide treatments to the grounds and structures during normal business hours, Monday through Friday 7:00AM to 2:00PM. H. The Contractor shall provide treatments to all vehicles (Light Rail, METRO, and Bus) on Saturdays and Sundays during non-business hours between 2:00AM to l 0:O0AM. 3.2.6 Pest/Rodent Extermination A. The pest extennination process shall flush all pests as described under "Definitions", from their customary habitats through the application of a long-term residual extermination process employing a pesticide that meets the requirements of the contract. 1. The applications shall employ proven procedures and shall include fast-acting agent designed to kill all insects and pests on contact effectively and in large numbers. 2. The application process shall incorporate the use of one or more killing agents which shall have not less than thirty (30) days residual agent and shall not be of a composition or application that could be diluted and/or eliminated by routine cleaning. B. The Contractor shall also provide treatment in the areas specified to maintain effective control of the rodent population. C. The Contractor shall provide treatment in all vehicles, offices, buildings, structures, restrooms, storage areas, shops, yards, mechanical rooms,janitorial rooms, equipment rooms, and all areas operated and/or occupied by the MTA. The areas shall include all Bus Divisions, Metro Facilities, Light Rail Facilities, and MARC Station sites, and any other areas operated and/or occupied by MTA, as listed in Section 3.2.18. D. The Contractor shall conduct a scheduled monthly physical site location inspection accompanied by the Mode Manager, or his/her designee, of all areas to assure that existing control methods are in place and operating satisfactorily. If dead rodents are discovered during the scheduled monthly physical site location inspection, the Contractor shall ensure the removal and proper disposal of any/all such carcasses. The monthlyinspection will emphasizea visual inspectionof areas and/or vehiclesknown to have any incidentof re-infestation. AGY-18-004-MT MTA Pest and Rodent Control Page I 23 MDG-18-0397-A-000375 E. The Contractor shall be available on an "as needed" basis to provide additional pest and rodent control to combat any special circumstance needs as requested by MTA. F. METRO AND LIGHT RAIL FACILITIES-The Contractor shall provide rodent baiting in all Metro and Light Rail facilities inclusive of restrooms, janitorial rooms, chiller rooms, mechanical rooms, dumpsters, grounds, tunnels, trash areas, equipment rooms, and any/all other areas as specified by MTA. G. BUS DIVISIONS-The Contractor shall provide rodent baiting in all bus divisions inclusive of shops, restrooms, janitorial rooms, showers, mechanical rooms, equipment rooms, bus bay, fuel stands, and any/all areas as specified by Mr A. H. MARC STATIONS-The Contractor shall provide rodent baiting at all MARC stations as specified by MT A. I. The Contractor shall inspect and maintain bait traps during each regularly scheduled monthly inspection. 3.2.7 Application Intervals A. BUS DIVISIONS, METRO FACILITIES, LIGHT RAIL FACILITIES, AND MARC STATIONS: The Contractor shall apply"theinitial treatments/applications to all stations, facilities and structures within thirty (30) days from the date of Notice to Proceed. Thereafter, the Contractor shall provide treatments/applications as described herein. l. Bus Divisions- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applicationsto all stations buildings, facilities, buses, and structures twelve (12) times per year. 2. Light Rail & METRO Facilities- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations, buildings, structures, and rail cars twelve (12) times per year. 3. MARC Stations-The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applicationsto all stations twelve (12) times per year. B. The Contractor shall provide the prescribed treatment as follows: l. All buses shall receive fumigation (fogging) no less than ONCE per year. 2. All vehicles identified for treatment and the buildings and/or structures residing at the same address/location must be treated within seven days of the other to prevent re-infestation from one area to another. 3. All indoor bus bay facilities must be treated whenever vehicles are treated at the intended address/location. 3.2.8 Invoices A. The Contractor shall submit separate invoices properly and adequately identifying the treatments and chemicals used for any/all services performed within the scope of work and application process terms and conditions. Invoices shall be identified as to the location, type of vehicle, vehicle number, and street address (if applicable) to the building and/or structure of work perfonned. 1. Multiple vehicles on one invoice will be acceptable provided all vehicles are from the same location. 2. All invoices must be accompanied by fully executed "check-off sheets" and "work orders". AGY-18-004-MT MTA Pest and Rodent Control Page 124 MDG-18-0397-A-000376 3. "Check-off sheets" and "work orders" will be made available at each facility. 4. Any/all warranty services performed at no charge shall be invoices as well and clearly marked "No Charge-Warranty". Warranty invoices shall also identify vehicles, buildings/structures/locations,etc. Warranty work is defined as any required re-applicationwithin thirty (30) days of the previous application. B. The Contractor shall submit an accurate, detailed, and completed (accompaniedby all required support documentation)invoice for all services rendered no later than fifteen (15) days after the completion of services. C. The Contractor shall submit invoices as follows: Maryland Transit Administration (MTA) Attention: Richard Simmons, Manager, Facilities Maintenance Bus Operations Support, Building # 1, Office# 1501B 1515 WashingtonBoulevard Baltimore, MD 21230 3.2.9 Vehicle Detailed Locations and Quantities A. Vehicle Types and Quantities 1. Maximum of fifty- three (53) Two-Pack Light Rail Cars and Support Vehicles 2. Maximum of ninety-eight (98) Metro Rail Cars and SupportVehicles 3. Maximum of seven hundred sixty- three (763) Buses-Transit Coaches B. The Contractor shall submit a bus/train/rail car number sheet with each invoice to show the number of buses/trains/railcars that were treated. C. The Contractor shall ensure that all "Busffrain/Rail Car Number Sheets" are signed by an authorized MTA representative,and 1. The MTA's representative's first and last names are legible (printed and signed). 2. The Contractor will not receive payment for any/all services rendered without the proper support documents "Busrrrain/Rail Car Number Sheet" as requested above, Section 3.2.10.B. D. The Contractor shall indicate the actual bus/trail/rail car that was treated by placing a check mark beside every bus/train/rail car number on the "Bus/Train/Rail Car Number Sheets" that received treatment and the date treated E. The Contractor shall leave a copy of the bus/train number sheet with a MTA Representativefor their records. 3.2.10 Working Conditions A. The Contractor's actions shall not interfere MTA operations or the movement of any transit vehicles. B. MTA has a ZERO Tolerance cell phone policy. Except in approved designated areas, MTA employees and Contractorsare prohibited from using cell phones on MTA property. Any Contractor's employee violating MTA's cell phone policy, may be considered as unsuitable personnel (Section 3.2.14). AGY-18-004-MT MTA Pest nnd Rodent Control Page 125 MDG-18-0397-A-000377 C. Parking is limited, only the Contractor's service vehicle will be allowed on MTA property. No Contractor's employees are permitted to park vehicles on MTA property. D. The Contractor's and subcontractor's vehicles must be outfitted with decals with the Contractors, company name and logo. E. The Contractor's employees shall wear uniforms showing the employee's name and company name. TI1e Contractor's employees shall also wear safety shoes and all other Personal Protective Equipment (PPE) to include, but not limited to, a safety vest. All PPE must meet the appropriate ANSl standard. A Class II ANSI safety vest (or apparel) is MTA's minimum requirement. 3.2.11 Mileage The Contractor nor, any of its employees, shall be reimbursed for any mileage for transportation to and /or from any MTA facilities, offices, buildings, and structures for scheduled or unscheduled services. 3.2.12 Building/Security Procedures and Restrictions A. The Contractor shall provide MTA an updated "Employees List" reflecting any/all employees designated to work at any/all MTA properties, facilities, offices, buildings, and structures. B. The Contractor shall ensure that the "Employees List" provided to MTA is current at all times. C. The Contractor and his/her employees shall comply with all security measures required by MTA. D. The Contractor and his/her employees shall display the appropriate Contractor's identification badge when entering upon any/all MTA properties, facilities, offices, buildings, and structures in the performance of any/all services. 3.2.13 Suitable Personnel A. At the sole discretion of the MTA, the Contractor will immediately remove any person from the site that is considered by the Project Manager as unsuitable. B. Any person identified as unsuitable may not be utilized at any MTA location under this Contract. C. Violations of the MTA safety policies, cell phone policy, disruptive actions, theft, dishonesty, or failure to work while on the time clock are some examples to declare a person unsuitable. 3.2.14 Environmental Compliance The Contractor shall maintain a clean working environment and prevent the release of any chemicals, oils, degreasers, lubricants, etc. The Contractor shall provide proper disposal of all discard materials, parts, equipment, etc. 3.2. 15 Safety Data Sheets No chemicals (degreasers, detergents, aerosols, solvents, etc.) may be used on MTA properties and/or vehicles without the prior approval of the MTA Project Manager. The Contractor shall submit Safety Data Sheets (SDS) for any/all chemicals (degreasers, aerosols, detergents, solvents, etc.) intended to be used in the treatments of, to the Project Manager prior to use on any/all MTA properties and/or vehicles. Each MTA Mode Manager, and his/her designee, shall maintain and have readily available a copy of all MTA Office of Safety "approved" SOS at the addresses as first describe in Section 3.2.9, for Mode Managers' easy review and retrieval. AGY-18-004-MT MTA Pest and RodentControl Pngel26 MDG-18-0397-A-000378 3.2.16 Property Locations A. Bus Divisions: 1. MT A Bush Division 1515Washington Blvd. Baltimore, MD 21230 Phone: (410) 454-7160 2. MTA Eastern Division 201 South Oldham St. Baltimore, MD 21224 Phone: (410) 454-7677 3. MT A Kirk Division 2226 Kirk Ave. Baltimore, MD 21218 Phone: (410) 4545-7560 4. MT A Northwest Division 4401 Mount Hope Dr. Baltimore, MD 21215 Phone: (410) 454-7428 5. MT A Mobility Special Services 1515 Washington Blvd. Baltimore, MD 21230 Phone: (410) 468-4784 B. Metro Rail Facilities 1. Operations Control Center (OCC) 301 North Eutaw St. Baltimore, MD 21201 Phone: (410) 454- 7711 2. Wabash Rail Shop 5801 Wabash Ave. Baltimore, MD 21215 Phone: (410) 454-7352 3. Systems Maintenance 5801 WabashAve. Baltimore, MD 21215 Phone: (410) 454-7405 4. Metro Fare Collection & Facility Maintenance 6000 Metro Dr. Baltimore, MD 21215 Phone: (410) 454- 7940 THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 27 MDG-18-0397-A-000379 5. Old Court Facilities Maintenance 4380 Old Court Rd. Pikesville, MD 21208 Phone: (410) 454-1821 C. Light Rail Facilities 1. Light Rail- North Ave. 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7517 2. Light Rail- Trailers 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7616 3. Light Rail- Cromwell 7390 Baltimore Annapolis Blvd. Glen Burnie, MD 21061 Phone: (410) 766-7512 or (410) 454-7617 D. MARC Train Stations 1. Aberdeen 18 E. Bel Air Ave. @ US Rte. 40East Aberdeen, MD 21001 2. BWI Thurgood Marshall Airport Amtrak Way Linthicum, MD 2 I 240 3. Edgewood 2127 Old Edgewood Rd. Edgewood, MD 21040 4. Halethorpe 5833 Southwestern Blvd. Baltimore, MD 21227 5. Odenton 1400 Odenton Rd. Odenton, MD 21113 6. Perryville 650 Broad St. Baltimore, MD 21903 7. Martin Airport 2710 Eastern Blvd. Middle River, MD 21220 THE REMAINDER OF TIDS PAGE IS INTENTIONALLY LEFT BLANK AGY-18-004-MT MTA Pest and RodentControl Page I 28 MDG-18-0397-A-000380 l 3.3 3.3.1 I3.4 Security Requirements Employee Identification (a) Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on State premises. Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification. (b) At all times at any facility, the Contractor's personnel shall cooperate with State site requirements that include but are not limited to being prepared to be escorted at all times, providing infonnation for badge issuance, and wearing the badge in a visible location at all times. Insurance Requirements 3.4.1 The Contractor shall maintain Qomm~rcial General Liability Insurance to cover losses resulting from, or arising out-of, Contractor action oiinactioh in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors, with a limit of $5,000,000 per occurrence and $2,000,000 aggregate. 3.4.2 The Contractor shall maintain Automobile and/or Commercial Truck Insurance as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland. 3.4.3 The Contractor shall maintain Crime Insurance to cover employee theft with minimum single loss limit of $1,000,000 per loss, and a single loss retention not to exceed $10,000. 3.4.5 Within five Business Days of recommendation for Contract award, and before any work begins, the Contractor shall provide the Procurement Officer with current certificates of insurance, and shall update such certificates periodically, but no less than annually in multi-year contracts, as directed by the Contract Monitor. Such copy of the Contractor's current certificate of insurance shall contain at minimum the following: a. Workers' Compensation - The Contractor shalt maintain such insurance as necessary and/or as required under Workers' Compensation Acts, the Longshore and Harbor Workers' Compensation Act, and the Federal Employers' Liability Act. b. Commercial General Liability as required in Section 3.4.1. c. Automobile and/or Commercial Truck Insurance as required in Section 3.4.2. d. Crime Insurance as required in Section 3.4.3. 3.4.6 The "State of Maryland, its officers, employees and agents" shall be listed as an additional insured on any Commercial General Liability, Auto Liability, Professional/Cyber Liability, and excess liability or umbrella policies with the exception of Worker's Compensation Insurance, which is currently handled by the Chesapeake Employer's Insurance Company (formerly Injured Worker's Insurance Fund). All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 30 days' advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least 15 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies. AGY-18-004-MT MTA Pest nnd Rodent Control Pnge I 29 MDG-18-0397-A-000381 3.4.7 I3.5 3.5. l The Contractor shall require that any subcontractors providing primary services (as opposed to non-critical, ancillary services) under this Contract obtain and maintain the same levels of insurance and shall provide the Contract Monitor with the same documentation as is required of the Contractor. Problem Escalation Procedure The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the perf onnance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes. The Contractor shall provide contact infonnation to the Contract Monitor, as well as to other State personnel, as directed should the Contract Monitor not be available. 3 ,5.2 The Contractor must provide the PEP no later than ten ( 10) Business Days after Contract Commencement. The PEP, including any revis{ons thereto, must also be provided within ten ( 10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include: • • • • • • • The process for establishing the existence of a problem; Names, titles, and contact information for progressively higher levels of personnel in the Contractor's organization who would become involved in resolving a problem; For each individual listed in the Contractor's PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor's PEP; Expedited escalation procedures and any circumstances that would trigger expedited escalation procedures; The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State; Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays, etc.) and on an emergency basis; and A process for updating and notifying the Contract Monitor of any changes to the PEP. Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law. I3.6 3.6.1 Invoicing General (a) All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor. All invoices shall include the following information: • • • • • AGY-18-004-MT Contractor name and address; Remittance address; Federal taxpayer identification number (or if sole proprietorship, the individual's social security number); Invoice period (i.e. time period during which services covered by invoice were perfonned); Invoice date; MTA Pest and Rodent Control Page 130 MDG-18-0397-A-000382 •· • • • • Invoice number; State assigned Contract number; State assigned (Blanket) Purchase Order number(s); Goods or services provided; and Amount due. Invoices submitted without the required infonnation cannot be processed for payment until the Contractor provides the required infonnation. (b) 3.6.2 The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the tenns and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Also see the "Living Wage" provision of the Contract, if applicable, which allows for withholding of payment under certain circumstances. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.02. Invoice Submission Schedule The Contractor shall submit an accurate, detailed, and complete (accompanied by all required support documentation) invoice for all services rendered no later than fifteen (15) days after the completion of services. 13.1 End of Contract Transition The Contractor shall cooperate in the orderly transition of services from the Contract awarded under this solicitation to any subsequent contract for similar services. The transition period shall begin ninety (90) days before the Contract end date, or the end date of any final exercised option or contract extension. The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of Contract. Tiffi REMAINDER OF THIS PAGE IS INTENTIONALLY AGY-18-004-MT MTA Pest and Rodent Control LEFT BLANK Page I 31 MDG-18-0397-A-000383 SECTION 4 - BID FORMAT 14.1 One Part Submission Bidders shall submit with their Bid all Minimum Qualification docwnentation required (see Section 2), and all Required Bid Submissions (see Section 4.4) in a single sealed package/envelope . 14.2 Labeling Each Bidder is required to label the sealed Bid. The Bid shall bear the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids. 14.3 Bid Price Form The Bid shall contain all price information in the fonnat specified on the Bid Fonn (Attachment E). Complete the Bid Fonn only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department. Required Bid Submissions Bidders shall include the following with their Bid: 4.4.1 Transmittal Letter: A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid and acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the services and requirements as stated in this IFB. The Transmittal Letter should include the following: • • • • • • • • • Name and address of the Bidder; Name, title, e-mail address, and telephone number of primary contact for the Bidder; Solicitation Title and Solicitation Number that the Bid is in response to; Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid; Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual's Social Security Number (SSN); Bidder's eMM number; Bidder's MBE certification number (if applicable); Acceptance of all State IFB and Contract terms and conditions (see Section 1.24); and Acknowledgement of all addenda to this IFB. Any infonnation which is claimed to be confidential is to be noted by reference and included after the Transmittal Letter. An explanation for each claim of confidentiality shall be included (see Section 1.14 "Confidentiality of Bids"). AGY-18-004-MT MTA Pest and Rodent Control Page I32 MDG-18-0397-A-000384 In addition, the Transmittal Letter shall indicate whether the Bidder is the subsidiary of another entity, and if so, whether all infonnation submitted by the Bidder pertnins exclusively to the Bidder. If not, the subsidiary Bidder shall include a guarantee of performance from its parent organization as part of its Executive Summary (see RFP Section 1.22 for more information). 4.4.2 Minimum Qualifications Documentation: The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 2 "Bidder Minimum Qualifications." 4.4.3 Completed Required Attachments: Submit three (3) copies of each with original signatures: a. b. c. 4.4.4 Additional Documents *If Required: Submit three (3) copies of each with original signatures, if required. * See .appropriate IFB Section to detennine whether the document is required for this procurement: a. b. 4.4.5 Completed Bid Form (Attachment E). Completed BicVProposal Affidavit (Attachment B). Completed Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1). A Signed Statement from the Bidder's Parent Organization Guaranteeing Performance of the Bidder. *see Section 1.22 Completed Conflict oflnterest Affidavit and Disclosure (Attachment G) *see Section 1.36, References: At least three references are requested from customers who are capable of documenting the Bidder's ability to provide the services specified in this IFB. References used to meet any Bidder Minimum Qualifications (see Section 2) may be used to meet this request. Ench reference shall be from a client for whom the Bidder has provided services within the past five years and shall include the following information: a. b. c. Name of client organization; Name, title, telephone number, and e-mail address, if available, of point of contact for client organization; and Value, type, duration, and description of services provided. The Department reserves the right to request additional references or utilize references not provided by a Bidder. 4.4.6 List of Current or Prior State Contracts: Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing services or for which services have been completed within the last five years. For each identified contract, the Bidder is to provide: a. b. c. d. e. f. The State contracting entity; A brief description of the services/goods provided; The dollar value of the contract; The term of the contract; The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and Whether the contract was terminated before the end of the term specified in the original contract, including whether any available renewal option was not exercised. AGY-18-004-MT MTA Pest nndUodentControl Page 133 MDG-18-0397-A-000385 Information obtained regarding the Bidder's level of performance on State contracts will be considered as part of the responsibility determination by the Procurement Officer. 4.4.7 Certificate of Insurance: The Bidder shall provide a copy of the Bidder's current certificate of insurance. The recommended awardee must provide a certificate of insurance with the prescribed limits set forth in Section 3.4 "Insurance Requirements," naming the State as an additional insured if required, within five Business Days from notification by the Procurement Officer that the Bidder has been determined to be the apparent awardee. 4.4.8 Subcontractors: The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder receives an award, including those utilized in meeting the MBE and/or VSBE subcontracting goal, if applicable. This list shall include a full description of the duties each subcontractor will perform. 4.4.9 Legal Action Summary: This summary shall include: i. ii. iii. iv. 14.s A statement as to whether there are any outstanding legal actions or potential claims against the Bidder and a brief description of any action; A brief description of any settled or closed legal actions or claims against the Bidder over the past five years; A description of any judgments against the Bidder within the past five years, including the case name, number court, and what the final ruling or detennination was from the court; and In instances where litigation is ongoing and the Bidder has been directed not to disclose information by the court, provide the name of the judge and location of the court. Reciprocal Preference Although Maryland law does not generally authorize procuring units to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. Therefore, COMAR 21.05.01.04 permits procuring units to apply a reciprocal preference in favor of a Maryland resident business under the following conditions: • • • • The Maryland resident business is a responsible Bidder; The most advantageous Bid is from a responsible Bidder whose principal office or principal operations through which it would provide the services required under this IFB is in another state; The other state gives a preference to its resident businesses through law, policy, or practice; and The Maryland resident preference does not conflict with a federal law or grant affecting the procurement Contract. The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses. 14.6 Delivery Bidders may either mail or hand-deliver Bids. AGY-18-004-MT MTA Pest and Rodent Control Pnge I 34 MDG-18-0397-A-000386 4.6.1 For U.S. Postal Service deliveries, any bid that has been received at the appropriate mail room, or typical ploce of mail receipt for the respective procuring unit by the time and date listed in the IFB will be deemed to be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Department recommends that it use Express Mail, Priority Mail, or Certified Mail only as these are the only fonns for which both the date and time of receipt can be verified by the Department. It could take several days for an item sent by first class mail to make its way by normal internal mail to the procuring unit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom. 4.6.2 Hand-delivery includes delivery by commercial carrier acting as agent for the Bidder. For any type of direct (non-mail) delivery, a Bidder is advised to secure a dated, signed, and time-stamped (or otherwise indicated) receipt of delivery. I4.7 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendation for Contract Award, the following documents sha11be completed and submitted by the recommended awardee within five Business Days, unless noted otherwise. Submit three (3) copies of each with original signatures. a. b. c. d. signed Contract (Attachment A), completed Contract Affidavit (Attachment C), signed Non-Disclosure Agreement (AttachmentH), if applicable; *see Section 1.37, and copy of a Certificate of Insurance with the prescribed limits set forth in Section 3.4 "Insurance Requirements," listing the State as an additional insured, if applicable; *see Section 3.4. THE REMAINDER OF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 35 MDG-18-0397-A-000387 IFBATTACHMENTS ATTACHMENT A-Contract This is the sample contract used by the Department. It is provided with the IFB for informational purposes and is not required to be submitted at Bid submission time. Upon notification of recommendation for award, a completed contract will be sent to the recommended awardee for signature. The recommended awardee must retmn to the Procurement Officer three executed copies of the Contract within five Business Days after receipt. Upon Contract award, a fully-executed copy will be sent to the Contractor. ATTACHMENT B-Bid/Proposal Affidavit This Attachment must be completed and submitted with the Bid. ATTACHMENT C - Contract Affidavit This Attachment must be completed and submitted by the recommended awardee to the Procurement Officer within five Business Days ofreceiving notification ofrecommendation for award. ATTACHMENT D - Pre-Bid Conference Response Form It is requested that this fonn be completed and subrnitted as described in Section 1.7 by those potential Bidders that plan on attending the Pre-Bid Conference. ATTACHMENT E - Bid Form Instructions and Bid Form The Bid Form must be completed and submitted with the Bid. ATTACHMENT F - Conflict of Interest Affidavit and Disclosure If required (see Section 1.36), this Attachment must be completed and submitted with the Bid. ATIACHMENT G-Non-Disclosure Agreement If required (see Section 1.37), this Attachment must be completed and submitted within five Business Days of receiving notification of recommendation for award. However, to expedite processing, it is suggested that this do_pumentbe completed and submitted with the Bid. AGY-18-004-MT MTA Pest nnd RodentControl Pnge I 36 MDG-18-0397-A-000388 ATTACHMENT A- .CONTRACT MTA PEST AND RODENT CONTROL THIS CONTRACT (the "Contract") is made this ("Xth" ) day of (month), (year) by and between (Contractor's name) and the STATE OF MARYLAND, acting through the Maryland Transit Administration (MTA). In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of which is duly acknowledged by the parties, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated: 1.1 "Bid" means the Contractor's Bid dated (Bid date). 1.2 "COMAR" means Code of Maryland Regulations. 1.3 "Contract" means this agreement between (Contractor's name) and the State of Maryland, acting through the Maryland Transit Administration (MT A). 1.4 "Contract Monitor" means the Department employee identified in Section 1.6 of the IFB as the Contract Monitor. 1.5 "Contractor" means (Contractor's name) whose principal business address is (Contractor's primary address) and whose principal office in Maryland is (Contractor's local address). 1.6 "Department" means the Maryland Transit Administration (MTA). 1.7 "IFB" means the Invitation for Bids for MTA Pest and Rodent Control Solicitation# AGY-18-004-MT, and any addenda thereto issued in writing by the State. 1.8 "Procurement Ofticer" means the Department employee identified in Section 1.5 of the IFB as the Procurement Officer. 1.9 "State" means the State of Maryland. 2. Scope of Contract 2.1 The Contractor shall provide deliverables, programs, goods, and services specific to the Contract for pest and rodent control in the various buildings, offices, and vehicles within MTA awarded in accordance with Exhibits A-C listed in this section and incorporated as part of this Contract. If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision: Exhibit A - The IFB Exhibit B- State Contract Affidavit, executed by the Contractor and dated (date of Attachment C) Exhibit C - The Bid 2.2 The Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the Contract or the IFB. No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or AGY-18-004-MT MTA Pest and Rodent Control Page 137 MDG-18-0397-A-000389 decrease in the Contractor's cost of, or the time required for, the perfonnance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days ofreceipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 2.3 While the Procurement Officer may, at any time, by written change order, make unilateral changes in the work within the general scope of the Contract as provided in Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing; (b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained. 3. Period of Performance. 3 .1 The term of this Contract begins on the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. The e written Notice to Contractor shall provide services under this Contract as of the Go-Live date contained~t Proceed. From this Go-Live date, the Contract shall be for a period of approximatel)I five ears beginning (anticipated Contract start date) and ending on (anticipated end date of base term of Co act). 3.2 Audit, confidentiality, docwnent retention, and indemnification obligations under trns Contract shall survive expiration or termination of the Contract. 4. Consideration and Payment 4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the Department shall pay the Contractor in accordance with the tenns of this Contract and at the prices quoted in the Financial Proposal. 4.2 Payments to the Contractor shall be made no later than thirty (30) days after the Department's receipt of a proper invoice for services provided by the Contractor, acceptance by the Department of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services rendered must include the Contractor's Federal Tax Identification or Social Security Number for a Contractor who is an individual which is (Contractor's FEIN or SSN). Charges for late payment of invoices other than as prescribed at Md. Code Ann., State Finance and Procurement Article, § 15-104 are prohibited. Invoices shall be submitted to the Contract Monitor. Electronic funds transfer shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due Contractor unless the State Comptroller's Office grants Contractor an exemption: 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perfonn in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4.4 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract. 4.5 Contractor's eMarylandMarketplace AGY-18-004-MT vendor ID number is (Contractol''s eMM number). MTA Pest and RodentControl Page 138 MDG-18-0397-A-000390 5. Rights to Records 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of the State and shall be available to the State at any time. The State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this Contract, and services performed under this Contract shall be "works made for hire" as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will cooperate reasonably with the State in effectuating and registering any necessary assignments. 5.3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract. 5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 5.5 Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6. Exclusive Use 6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, infonnation, documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the Contractor in connection with this Contract. If any material, including software, is capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright material connected with this project only with the express written approval of the State. 6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other information or material provided to Contractor by the Department or developed by Contractor relating to the Contract, except that Contractor may provide said information to any of its officers, employees and subcontractors who Contractor requires to have said infonnation for fulfillment of Contractor's obligations hereunder. Each officer, employee and/or subcontractor to whom any of the Department's confidential information is to be disclosed shall be advised by Contractor of and bound by confidentiality and intellectual property terms substantively equivalent to those of this Contract. 7. Patents, Copyrights, and Intellectual Property 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license to pennit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service mark, copyright, or trade secret. lf a third party claims that a product infringes that party's patent, trademark, service mark, trade secret, or copyright, the Contractor will defend the State against that clain1 at Contractor's expense and will pay all damages, costs, and attorneys' fees that a coutt finally awards, provided the State: (a) promptly AGY-18-004-MT MTA Pest nnd RodentControl Pnge j 39 MDG-18-0397-A-000391 notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7 .3 If any products furnished by the Contractor become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infiinging product substantially complying with the item's specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item. 8. Confidential or Proprietary Information and Documentation 8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without limitation, HIPAA, the HI-TECH ACT, and the Maryland Medical Records Act and the implementation ofregulations promulgated pursuant thereto, all confidential or proprietary information and documentation relating to either party (including without limitation, any information or data stored within the Contractor's computer systems) shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose relevant confidential information to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of their duties under this Contract, provided thnt the data may be collected, used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of this section shall not apply to information that: (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of this Contract; (c) was nlready in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) which such party is required to disclose by law. 8.2 This Section 8 shall survive expiration or termination of this Contract. 9. Loss or Data In the event of loss of any State data or records where such Joss is due to the intentional act or omission or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Contract Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor. Contractor shall use its best efforts to assure that at no time shall any actions undertaken by the Contractor under this Contract (or any failures to act when Contractor has a duty to act) damage or create any vulnerabilities in data bases, systems, platforms, and/or applications with which the Contractor is working hereunder. 10. Indemnification 10.1 The Contractor shall hold hannless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys' fees and disbursements of any character that arise from, are in connection with or are attributable to the perfonnance or nonperfonnance of the Contractor or its subcontractors under this Contract. 10.2 This indemnification clause shall not be construed to mean that the Contractor shall indemnify the State against liability for any losses, damages, claims, suits, actions, liabilities, and/or expenses that are attributable to the sole negligence of the State or the State's employees. 10.3 The State has no obligation to provide legal counsel or defense to the Contractor or its subcontractors in the event that a suit, claim, or action of any character is brought by any person not party to this Contract against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. AGY-18-004-MT MTA Pest nndRodentControl Pnge ( 40 MDG-18-0397-A-000392 10.4 The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. 10.5 The Contractor shall immediately notify the Procurement Officer of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from, or relating to, the Contractor's obligations under the Contract, and will cooperate, assist, and consult with the State in the defense or investigation of any claim, suit, or action made or filed against the State as a result of, or relating to, the Contractor ' s performance under this Contract. 10.6 This Section 10 shall survive termination of this Contract. 11. Non-Hiring of Employees No official or employee of the State, as defined under Md. Code Ann., General Provisions Article, § 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and tenn of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract. 12. Disputes This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21. l 0 (Administrative and Civil Remedies) . Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier . Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 13. Maryland Law 13.1 This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland. 13.2 The Maryland Uniform Computer Infonnation Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland), does not apply to this Contract or to any purchase order or Notice to Proceed issued under this Contract, or any software, or any software license required hereunder. 13.3 Any and all references to the Maryland Code, Annotated contained in this Contract shall be construed to refer to such Code sections as are from time to time amended. 14. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry, genetic information, or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the perfonnance of the employment, or the individual's refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause . 15. Contingent Fee Prohibition AGY-18-004-MT MTA Pest and Rodent Control Page j 41 MDG-18-0397-A-000393 The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract. 16. Non-availability of Funding If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future perfonnance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 17. Termination for Cause If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State's option, become the State's property. The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages. Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.0 l. l lB. 18. Termination for Convenience The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of tennination, and all reasonable costs associated with termination of the Contract; provided, however, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2). 19. Delays and Extensions of Time The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays, interruptions, interferences, or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise 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 public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the perfonnance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of AGY-18-004-MT MTA Pest and Rodent Control Page 142 MDG-18-0397-A-000394 subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers. 20. Suspension of Work The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its perfonnance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State. 21. Pre-ExistingRegulations In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract. 22. Financial Disclosure The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain specified information to include disclosure of beneficial ownership of the business. 23. Political Contribution Disclosure The Contractor shall comply with Md. Code Ann., Election Law Article, Title 14, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall, file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if tl1econtribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) Febmary 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. Additional infonnation is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.html. 24. Documents Retention and Inspection Clause The Contractor and subcontractors shall retain and maintain all records and documents relating to this Contract for a period of five years after final payment by the State hereunder or any applicable statute of limitations or federal retention requirements (such as lilPAA), whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. All records related in any way to the Contract are to be retained for the entire time provided under this section. In the event of any audit, the Contractor shall provide assistance to the State, without additional compensation, to identify, investigate, and reconcile any audit discrepancies and/or variances. This Section 24 shall survive expiration or termination of the Contract. 25. Right to Audit 25.1 The State reserves the right, at its sole discretion and at any time, to perform an audit of the Contractor's AGY-18-004-MT MTA t•cst nod Rodent Control Page 143 MDG-18-0397-A-000395 and/or subcontractor's pel'formance under this Contract. An audit is defined as a planned and documented independent activity perfonned by qualified personnel including but not limited to State and federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor's compliance with the Contract, including but not limited to adequacy and compliance with established procedures and internal controls over the Contract services being perfonned for the State. 25.2 Upon three (3) Business Days' notice, the Contractor and/or any subcontractors shall provide the State reasonable access to their respective records to verify confoniiance to the terms of the Contract. The Department may conduct these audits with any or all of its own intemal resources or by securing the services of a third party accounting or audit firm, solely at the Department's election. The Department may copy, at its own expense, any record related to the services performed and provided under this Contract. 25.3 The right to audit shall include any of the Contl'actor's subcontractors including but not limited to any lower tier subcontractor(s) that provide essential support to the Contract services. The Contractor and/or subcontractor(s) shall ensure the Department has the right to audit such subcontractor(s). 25.4 The Contractor and/or subcontractors shall cooperate with Department and Department's designated accountant or auditor and shall provide the necessary assistance for the Department or Department's designated accountant or auditor to conduct the audit. 25.5 This Section shall survive expiration or termination of the Contract. 26. Compliance with Laws The Contractor hereby represents and warrants that: 26.1 It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; 26.2 It is not in arrears with respect to the payment of any monies due and owing the State, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the tenn of this Contract; 26.3 It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations wider this Contract; and 26.4 It shall obtain, at its expense, all licenses, permits, instrrance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. 27. Cost and Price Certification By submitting cost or price information, the Contractor certifies to the best of its knowledge that the infonnation submitted is accurate, complete, and current as of the date of its Bid/Proposal. The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price infonnation which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not current. AGY-18-004-MT MTA Pest nnd RodentControl Pnge 144 MDG-18-0397-A-000396 28. Subcontracting; Assignment The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the Procurement Officer provided, however, that a Contractor may assign monies receivable under a contract after due notice to the State. Any subcontracts shall include such language as may be required in various clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered. The State shall not be responsible for fulfillment of the Contractor's obligations to its subcontractors. 29. Liability For breach of this Contract, negligence, misrepresentation, or any other contract or tort claim, Contractor shall be liable as follows: 29.1 For infringement of patents, copyrights, trademarks, service marks, and/or trade secrets, as provided in Section 7 of this Contract; · 29.2 Without limitation for damages for bodily injury (including death) and damage to real property and tangible personal property; and 29.3 For all other claims, damages, losses, costs, expenses, suits, or actions in any way related to this Contract, regardless of the form Contractor's liability for third party claims arising under Section 10 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 10. 30. Commercial Nondiscrimination 30.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described at Md. Code Ann., State Finance and Procurement Article, Title 19. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. 30.2 The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause approved by the Department, in all subcontracts. 30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Md. Code Ann., State Finance and Procurement Article, Title 19, as amended from time to time, Contractor agrees to provide within sixty (60) days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial AGY-18-004-MT MTA Pest and Rodent Control Page 145 MDG-18-0397-A-000397 Nondiscrimination Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in contract tennination, disqualification by the State from participating in State contracts, and other sanctions. 31. Prompt Pay Requirements 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department, at its option and in its sole discretion, may take one or more of the following actions: a. b. c. d. e. 31.2 An "undisputed amount" means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such "undisputed amounts" include, without limitation: a. b. 31.3 Not process further payments to the contractor until payment to the subcontractor is verified; Suspend all or some of the contract work without affecting the completion date(s) for the contract work; Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; Place a payment for an undisputed amount in an interest-bearing escrow account; or Take other or further actions as appropriate to resolve the withheld payment. Retainage which liad been withheld and is, by the terms of the Contract between the Contractor and subcontractor, due to be distributed to the subcontractor; and An amount withheld because of issues arising out of a Contract or occurrence unrelated to the Contract under which the amount is withheld An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. b. c. Affect the rights of the contracting parties under any other provision oflaw; Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or Result in liability against or prejudice the rights of the Department. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise (MBE) program. 31.5 To ensure compliance with certified MBE subcontract participation goals, the Department may, consistent with COMAR 21.11.03.13, take the following measures: a. b. c. Verify that the certified MBEs listed in the MBE participation schedule actually are perfonning work and receiving compensation as set forth in the MBE participation schedule. This verification may include, as appropriate: i. Inspecting any relevant records of the Contractor; ii. Inspecting the jobsite; and iii. Interviewing subcontractors and workers. iv. Verification shall include a review of: (a) The Contractor's monthly repo11 listing unpaid invoices over thirty (30) days old from certified MBE subcontractors and the reason for nonpayment; and (b) The monthly report of each certified MBE subcontractor, which lists payments received from the Contractor in the preceding thirty (30) days and invoices for which the subcontractor has not been paid. If the Department determines that the Contractor is not in compliance with certified MBE participation goals, then the Department will notify the Contractor in writing of its findings, and will require the AGY-18-004-MT MTA Pest end Rodent Control Pnge l 46 MDG-18-0397-A-000398 d. e. 32. Contractor to take appropriate corrective action. Corrective action may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule. If the Department determines that the Contractor is in material noncompliance with MBE contract provisions and refuses or foils to take the corrective action that the Department requires, then the Department may: i. Terminate the contract; ii. Refer the matter to the Office of the Attorney General for appropriate action; or iii. Initiate any other specific remedy identified by the contract, including the contractual remedies required by any applicable laws, regulations, and directives regarding the payment of undisputed amounts. Upon completion of the Contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from, MBE subcontractors. Living Wage If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the agency may withhold payment of any invoice or retainage. The agency may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 33. Variations in Estimated Quantities Unless specifically indicated otherwise in the State's solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the Department does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. 34. Contract Monitor and Procurement Officer The work to be accomplished under this Contract shall be performed under the direction of the Contract Monitor. All matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for determination. 35. Notices All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows: If to the State: Cheryll Brewton Procurement Officer 6 St. Paul Street, 7u,Floor Baltimore, MD 21202 Phone:410-767-3446 Email: cbrewton@mta.maryland.gov If to the Contractor: AGY-18-004-MT MTA Pest and Rodent Control Page I 47 MDG-18-0397-A-000399 36. Liquidated Damages 36.1 The Contract requires the Contrnctor to make good faith effotts to comply with the Minority Business Enterprise ("MBE") Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur economic darnnges and losses, including, but not limited to, loss of goodwill, detrimental impact on economic development, and diversion of intemnl staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and pertinent MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult or impossible to ascertain with precision and that liquidated damages represent a fair, reasonable, and appropriate estimation of damages. Upon a detennination by the State that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or pertinent MBE Contract provisions and without the State being required to present any evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the State at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, The Contractor expressly agrees that the State may withhold payment on any invoices as an offset against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed-upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of each violation. 36. l.l Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B(3): $ (dollar amount) per day until the monthly report is submitted as required. 36.1.2 Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR21.1 l.03.13B(4): $(dollar amount) per MBE subcontractor. 36.1.3 Failure to comply with COMAR 2 I .11.03 .12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE finn for the Contract. 36.1.4 Failure to meet the Contractor's total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved. 36.1.5 Failure to promptly pay all undisputed amounts to a subcontractor in full compliance with the prompt payment provisions of the Contract: $(dollar amount) per day until the undisputed amount due to the subcontractor is paid. 36.2 Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and to exercise any and all other rights or remedies which may be available under the Contract or which otherwise may be available at law or in equity. 37. Parent Company Guarantee (Corporate name of Contractor's Parent Company) hereby guarantees absolutely the full, prompt, and complete performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be amended from ti.me to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connection with this Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractor's Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express AGY-18-004-MT MTAPest nndRodent Control Page 148 MDG-18-0397-A-000400 written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute subjective discretion. (Corporate name of Contractor's Parent Company) further agrees that if the State brings any claim, action, suit or proceeding against (Contractor), (Corporate name of Contractor's Parent Company) may be named as a party, in its capacity as Absolute Guarantor. 41. Miscellaneous 41.1 Any provision of this Contract which contemplates performance or observance subsequent to any termination or expiration of this Contract shall survive tennination or expiration of this Contract and continue in full force and effect. 41.2 If any term contained in this Contract is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such tenn shall be severed from this Contract, and the remaining tenns contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or disturbed thereby. IN WITNESS THEREOF,the parties have executed this Contract as of the date hereinabove set forth. CONTRACTOR STATE OF MARYLAND MARYLAND TRANSIT ADMlNISTRATION By: By: Michael Zimmerman, Director of Procurement Or designee: Date Date Approved for fonn and legal sufficiency this __ day of _____ , 20_ . Assistant Attorney General APPROVED BY BPW: AGY-18-004-MT ------- (Date) (BPW Item#) MT A Pest nnd Rodent Control Pnge I 49 MDG-18-0397-A-000401 ATTACHMENT B-BID/PROPOSAL AFFIDAVIT A. AUTHORITY I hereby affirm that I, ______ (name of affiant) am the ______ (title) and duly authorized (name of business entity) and that I possess the legal authority to make this representative of ______ affidavit on behalf of the business for which I am acting. B. CERTIFICATION REGARDING COMMERCIALNONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/Proposal on this project, the Bidder/Offerorhas considered all Proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination"as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland; "Discrimination"means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor,or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, or on the basis of disability or any otlierwiseunlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offerordiscriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State's Commercial NondiscriminationPolicy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article,§ 14-308(a)(2),Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority busin~s enterprise in a Bid/Proposal and: ( 1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority Proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/Proposal; (3) Fail to use the certified minority business enterprise in the performance of the contract; or (4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeroron this project, and terminate any contract awarded based on the Bid/Proposal. B-2. CERTIFICATION REGARDING VETERAN-OWNEDSMALL BUSINESS ENTERPRISES. AGY-18-004-MT MTA Pest and RodentCo11trol Page I50 MDG-18-0397-A-000402 The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article,§ 14-605, Annotated Code of Maryland, which provides that a person may not: (l) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title; (2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contract; (3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or (6) Establish, knowingly aid in the establisl1menl of, or exercise control over a business found to have violated a provision of§ B-2(1 )-(5) of this regulation. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy knowledge, infonnation, and belief, the above business (as is defined in Section 16l0l(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or bas had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affinnation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) ofperson(s) involved, and their current positions and responsibilities with the business): D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Page 151 MDG-18-0397-A-000403 Neither I, nor to the best of my !mowledge, infonnation, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or perfonning contracts with public bodies, has: ( 1) Been convicted under state or federal statute of: (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsjfication or destruction ofrecords or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of§ 11-205. l of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability W1derany law or statute described in subsections (1)-(5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) §7201, Attempt to Evade or Defeat Tax; (b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information, (d) §7205, Fraud and False Statements, or (e) §7207, Fraudulent Returns, Statements, or Other Documents; (10) Been convicted of a violation of 18 U.S.C. §286, Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States; (11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland; AGY-18--004-MT MTA Pest 1111d Rodent Control Page 152 MDG-18-0397-A-000404 (12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (13) Been found to have willfully or kno\vingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (14) Been found to have willfolly or lmowingly violated the Labor nnd Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; or ( 15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(l }-- (14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debannent): AGY-18-004-MT MTA Pest and Rodent Control Pnge 153 MDG-18-0397-A-000405 E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or perfonning contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their CUlTentpositions and responsibilities with the business, the grounds of the debarment or suspension, and the'details of each person's involvement in any activity that fonned the grounds of the debarment or suspension). F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENT ITIES IFURTHERAFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) TI1ebusiness is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification): G. SUBCONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor lo the best ofmy lmowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases ofreal property, or construction. AGY- 18-004~MT MTA Pest and Rodent Control Pnge I 54 MDG-18-0397-A-000406 H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: ( 1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/Proposal that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/Proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/Proposal is submitted. I. CERTIFICATIONOFT AX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged for payment of, all trucesdue the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding trucesdue the State of Maryland prior to final settlement. J. CONTINGENTFEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. CERTIFICATIONREGARDING INVESTMENTS IN IRAN (1) The undersigned certifies that, in accordance with State Finance and Procurement Article,§ 17-705, Annotated Code of Maryland: (a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, § 17-702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland. 2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities: ______ _ _ __ ___ ____ ____ __ _ L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS) I FURTHER AFFIRM THAT: AGY-18-004-MT MT A Pest and Rodent Contl'ol Pngc 155 MDG-18-0397-A-000407 The business has complied with the provisions of State Finance and ProcurementArticle, § 14-413, Annotated Code of Maryland governing proper disclosure of certain infonnation regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law. M. I FURTHER AFFIRMTHAT: Any claims of environmental attributes made relating to a product or service included in the Bid or Proposal are consistent with the Federal Trade Commission's Guides for the Use of EnvironmentalMarketing Claims as provided in 16 CFR §260, that apply to claims about the enviromnentalattributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service. N. ACKNOWLEDGEMENT I ACKNOWLEDGETHAT this Affidavit is to be furnished to the ProcurementOfficer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submissionof this Bid/Proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland havingjurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentationmade or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract. I DO SOLEMNLYDECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THlS AFFIDAVIT ARE TRUE AND CORRECTTO THE BEST OF MY KNOWLEDGE,INFORMATION, AND BELIEF. Date: _________ By: ______________ _______________ _ (print name of Authorized Representativeand Affiant) (signature of Authorized Representativeand Affiant) SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL AGY-18-O04-MT MTA Pest and Rodent Control Page I 56 MDG-18-0397-A-000408 ATTACHMENT C - CONTRACT AFFIDAVIT A. AUTHORITY I hereby affinn that I, ______ (name of affiant) am the ______ (title) and duly authorized representative of ______ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATIONOF REGISTRATIONOR QUALIFICATIONWITH THE STATE DEPARTMENTOF ASSESSMENTSAND TAXATION I FURTHER AFFIRM TIIAT: The business named above is a (check applicable box): . : , .- ,: ( 1) Corporation - D domestic or D foreign; (2) Limited Liability Companydomestic or D foreign; (3) Partnership domestic or D foreign; domestic or D foreign; (4) Statutory Trust (5) Sole Proprietorship. • • • • and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is: Name and Department ID Number: _ __ _ ___ ____ --' Address: _ _ _______ ___ _ and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that tme name and address of the principal or owner as: Name and Deparhnent ID Number: ____________ Address: ____________ _ C. FINANCIALDISCLOSUREAFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, § 13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICALCONTRIBUTIONDISCLOSUREAFFIRMATION I FURTHERAFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Page I 57 MDG-18-0397-A-000409 I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election~ and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head's designee has determined that application of COMAR 21.11.08and this certification would be inappropriate in conne~tion with the law enforcement agency's undercover operations.) I CERTIFY THAT: ( 1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification. (2) By submission of its Bid/Proposal, the business, ifother than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; {b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions; ( c) Prohibit its employees from working under the influence of drugs or alcohol; ( d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable infonnat~on that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) (ii) (iii) (iv) The dangers of dnig and alcohol abuse in the workplace; The business's policy of maintaining a drug and alcohol free workplace; Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above; (h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: AGY-18-004-MT MTA Pest nnd RodentControl Pnge 158 MDG-18-0397-A-000410 (i) (ii) Abide by the terms of the statement; and Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise ~eceiving actual notice of a conviction; U) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) (ii) Take appropriate personnel action against an employee, up to and including termination; or Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)-(j), above. (3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debannent of the business under COMAR 21.08.03. F. CERT AfN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, infonnation, and belief, each of the affirmations, certifications, or acknowledgements , 20 l_ , and executed by me for the purpose of contained in that certain Bid/Proposal Affidavit dated ____ obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: _____ _ By: ___________ (printed name of Authorized Representative and Affiant) -------------- (signature of Authorized Representative and Affiant) AGY-18-004-MT MTAPest and Rodent Control Pagel S9 MDG-18-0397-A-000411 ATTACHMENTE - BID PRICINGINSTRUCTIONS In order to assist Bidders in the preparation of their Bid and to comply with the requirements of this solicitation, Bid Pricing Instmctions and a Bid Fonn have been prepared. Bidders shall submit their Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Fonn or the Bid Form may be rejected. The Bid Fann is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form. The Bid Form is used to calculate the Bidder's TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Form: A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct. B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner. C) All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35. D) A,nygoods or services required through thisiIFB and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00. E) Every blank in every Bid Form shall be filled in. Any blanks may result in the Bid being regarded as nonresponsive and thus rejected . Any changes or corrections made to the Bid Form by the Bidder prior to submission shall be initialed and dated . F) Except as instructed on the Bid Fann, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions usually render the Bid nonresponsive, which means it will be rejected. G) It is imperative that the prices included on the Bid Fonn have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03E and 21.05.02.12, and may cause the Bid to be rejected. H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and will comply with all tenns and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the IFB at the prices entered in the Bid Fonn. n All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be folly-loaded rates; no overtime amounts will be paid. J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically estimates for bidding purposes only. The Department does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. K) Failure to adhere to any of these instructions may result in the Bid being detennined non-responsive and rejected by the Department. AGY-18-004-MT MTA Pest and Rodent Control Pnge 161 MDG-18-0397-A-000412 ATTACHMENTE- BID FORM BID FORM The Bid shall contain all price infonnation in the fonnat specified on these pages. Complete the Bid Fonn only as provided in the Bid Pricing Instructions. Do not amend, alter or leave blank any items on the Bid Fonn. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the bid being determined non-responsive and rejected by the Department. Bidders shall submit their Bid(s) on the Bid Form(s) attached in MS Excel. This Solicitation consists of two separate Bid Fonns: Bid Form # 1 and Bid Form #2. Bidders have the opportunity to bid on the information provided on any or both of the attached Bid Fonns. A. Bid Form #1 consists of all information provided in this solicitation pertaining to: 1. Bus Facilities Maintenance 2. Bus Maintenance B. Bid Fonn #2 consists of all infonnation provided in this solicitation pertaining to: 1. MARC Train 2. METRO Rail 3. Light Rail Submitted By: Authorized Signature: ____________________ Date: _________ Printed Name and Title: 8 id de r Name Bidder Address: 1 ocation (s) from which services will be performed (City/State): _________________ eMM # _____________ FEIN:_________________ Bidder Contact Information: Telephone: (__) __ -- ______ Fax: (__) __ _ -------------------------------- ---------------------------------- E-mail: AGY-18-004-MT ---- -- --- ----- MTA Pest nnd Rodent Control - ----- _ _ - ______ _ --- -- - Pngej62 MDG-18-0397-A-000413 ATTACHMENT F-LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS Living Wage Requirements for Service Contracts A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or Subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-halfofthe employee's time during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) (2) (3) C. A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000. A Subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or (c) Performs work for a Contractor not covered by the Living Wage Law as defined in B(l)(b) above, or B(3) or C below. Service contracts for the following: (a) Services with a Public Service Company; (b) Services with a nonprofit organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement ("Unit"); or (d) Services between a Unit and a County or Baltimore City. If the Unit responsible for the State contract for services detennines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. AGY-18-004-MT MTA Pest and Rodent Control Pngc 163 MDG-18-0397-A-000414 D. A Contractor must not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18. E. Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner . F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry's website . An employer subject to the Living Wage Law must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate. G. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, §18-103(c), shall not lower an employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of health insurance premium shall comply with any record reporting requirements established by the Commissioner. H. A Contractor/Subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and Procurement Article,§ 18-103(a), by no more than 50 cents of the hourly cost of the employer's contribution to an employee's deferred compensation plan. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's contribution to an employee's deferred compensation plan shall not lower the employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. I. Under Md. Code Ann ., State Finance and Procurement Article, Title 18, if the Commissioner determines that the Contractor/Subcontractor violated a provision of this title or regulations of the Commissioner, the Contractor/Subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wage. J. Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website http://www.dllr.state.md .us/labor/ and clicking on Living Wage for State Service Contracts. AGY-18-004-MT MTA Pest and Rodent Control Page 164 MDG-18-0397-A-000415 ATTACHMENT F-1 Maryland Living Wage Requirements Affidavit of Agreement (submit with Bid/Proposal) ContractNo. MTR-17-006-Mf Name of Contractor --- - -- ------- - - --------- Address ----------------------------- City_______________ State____ Zip Code______ _ If tlte Contract Is Exempt from the Living Wage Law The Undersigned, being an authorized representative of the above named Contractor, hereby affirms that the Contract is exempt from Maryland's Living Wage Law for the following reasons (check all that apply): D D D D Bidder/Offeror is a nonprofit organization Bidder/Offeror is a public service company Bidder/Offeror employs 10 or fewer employees and the proposed contract value is less than $500,000 Bidder/Offeror employs more than 10 employees and the proposed contract value is less than $100,000 If the Contract Is a Living Wage Contract A. The Undersigned, being an authorized representative of the above-named Contractor, hereby affirms its commitment to comply with Title 18, State Finance and Procw·ementArticle, Annotated Code of Maryland and, if required, to submit all payroll reports to the Commissioner of Labor and Industry with regard to the above stated contract. The Bidder/Offeroragrees to pay covered employees who are subject to living wage at least the living wage rate in effect at the time service is provided for how-sspent on State contract activities, and to ensure that its Subcontractorswho are not exempt also pay the required living wage rate to their covered employeeswho are subject to the living wage for how-sspent on a State contract for services. The Contractor agrees to comply with, and ensw-eits Subcontractorscomply with, the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate established by the Commissioner of Labor and Industry, automatically upon the effective date of the revised wage rate. B. _________ (initial here if applicable) The Bidder/Offeroraffirms it has no covered employees for the following reasons: (check all that apply): D AGY-18-004-MT The employee(s)proposed to work on the contract will spend less than one-half of the employee's time during any work week on the contract MTA Pest nndRodentControl Pngc I 65 MDG-18-0397-A-000416 • • The employee(s) proposed to work on the contract is 17 years of age or younger during the duration of the contract; or The employee(s) proposed to work on the contract will work less than 13 consecutive weeks on the State contract. The Commissioner of Labor and Industry reserves the right to request payroll records and other data that the Commissioner deems sufficient to confirm these affirmations at any time. Name of Authorized Representative : ________________ _ Date Signature of Authorized Representative Title Witness Name (Typed or Printed) Witness Signature Date SUBMIT AGY-18-004-MT Tms AFFIDAVIT WITH BID/PROPOSAL MT A Pest nod Rodent Control Page J 66 MDG-18-0397-A-000417 ATTACHMENT G- CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE Reference COMAR 21.05.08.08 A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. B. "Person" has the meaning stated in COMAR 21.0l.02.01B(64) and includes a Bidder/Offeror, Contractor, consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a Bid/Proposal is made. C. The Bidder/Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now .giving rise or which could, in the future, give rise to a conflict of interest. D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in detail-attach additional sheets if necessary): E. The Bidder/Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the Bidder/Offeror shall immediatelymake a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the Bidder/Offerorhas taken and proposes to truceto avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date:--------- By:_____________ _ (Authorized Representative and Affiant) SUBMIT AGY-18-004-MT Tms AFFIDAVIT WITH BID/PROPOSAL MTA Pest and Rodent Control Pagel67 MDG-18-0397-A-000418 ATTACHMENT H- NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT {"Agreement")is made by and between the State of Maryland {the "State"), acting by and through Maryland Transit Administration (the "Department"), and ____________________ ( the "Contractor"). RECITALS WHEREAS,the Contractor has been awarded a contract (the "Contract") following the solicitation for MT A Pest and Rodent Control Solicitation# AGY-18-004-MT and WHEREAS,in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor's employees, agents, and subcontractors (collectively the "Contractor's Personnel") with access to certain informationthe State deems confidential information (the "Confidential Information"). NOW, THEREFORE,in consideration of being given access to the Confidential Infonnation in connection with the solicitation and the Contract, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows: I. Regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Infonnation is marked as such, Confidential Information means ( 1) any and all information provided by or made available by the State to the Contractorin connection with the Contract and (2) any and all Personally Identifiable Info1mation(PII) (including but not limited to personal information as defined in Md. Ann. Code, State Govt. § 10-1301) and Protected Health Information (PHI) that is provided by a person or entity to the Contractor in connection with this Contract. Confidential Information includes, by way of example only, information that the Contractor views, takes notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use ofby the State in relation to the Contract. 2. Contractor shall not, without the State's prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any fonn, any Confidential Information except for the sole and exclusive purpose of performing under the Contract. Contractor shall limit access to the Confidential Infonnation to the Contractor's Personnel who have a demonstrable need to know such Confidential Information in order to perfonn under the Contract and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information. The names of the Contractor's Personnel are attached hereto and made a part hereof as ATI ACHMENT G-1. Contractor shall update ATTACHMENT G-1 by adding additional names (whether Contractor's personnel or a subcontractor's personnel) as needed, from time to time. 3. If the Contractor intends to disseminate any portion of the Confidential Infonnation to non-employee agents who are assisting in the Contractor's performance of the Contract or who will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion. 4. Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the confidentiality of the Confidential Information. 5. Contractor shall promptly advise the State in writing ifit learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor's Personnel or the Contractor's fonner AGY-18-004-MT MTA Pest and Rodent Control Pngc I 68 MDG-18-0397-A-000419 Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s). 6. Contractor shall, at its own expense, return to the Department all copies of the Confidential Information in its care, custody, control or possession upon request of the Department or on termination of the Contract. Contractor shall complete and submit ATTACHMENT G-2 when returning the Confidential Information to the Department. At such time, Contractor shall also permanently delete any Confidential Information stored electronically by the Contractor. 7. A breach of this Agreement by the Contractor or by the Contractor's Personnel shall constitute a breach of the Contract between the Contractor and the State. 8. Contractor acknowledges that any failure by the Contractor or the Contractor's Personnel to abide by the terms and conditions ofuse of the Confidential Infonnation may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Information. The Contractor consents to personal jurisdiction in the Maryland State Courts. The State's rights and remedies hereunder are cwnulatiye, and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Infonnation and to seek damages from the Contractor and the Contractor's Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys' fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor's Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and costs. 9. Contractor and each of the Contractor's Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State. 10. The parties further agree that: a. This Agreement shall be governed by the laws of the State of Maryland; b. The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State; c. The State makes no representations or warranties as to the accuracy or completeness of any Confidential Infonnation; d. The invalidity 01· unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement; e. Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures; f. The Recitals are not merely prefatory but are an integral part hereof; and g. The effective date of this Agreement shall be the same as the effective date of the Contract entered into by the parties. IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, Agreement as of the day and year first above written. Contractor: ____________ By: __________ _ (SEAL) Maryland Transit Administration: By: ___________ Printed Name: __________ _ Printed Name: Title: ____________ _ Title: _____ AGY-18-004-MT executed this _ ----------- MTA Pest and Rodent Control _ _ _____ _ Page I 69 MDG-18-0397-A-000420 Date: ______________ AGY-18-004-MT _ Date: ______________ MTA Pest and Rodent Control _ Pnge170 MDG-18-0397-A-000421 NON-DISCLOSURE AGREEMENT -ATTACHMENT G-1 LIST OF CONTRACTOR'S EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO THE CONFIDENTIAL INFORMATION Printed Name and Address of Individual/ Agent AGY-18-004-MT Employee (E) or Agent (A) Signature MTA Pest and Rodent Control Date Page 171 MDG-18-0397-A-000422 NON-DISCLOSUREAGREEMENT-A IT ACHMENTG-2 CERTIFICATIONTO ACCOMPANY RETURN OR DELETION OF CONFIDENTIAL INFORMATION I AFFIRM THAT: To the best ofmy knowledge, information,and belief, and upon due inquiry, I hereby certify that: (i) all Confidential Informationwhich is the subject matter of that certain Non-DisclosureAgreement by and between the State of Maryland and ("Contractor") dated _______ _, 20__ ("Agreement") is attached hereto and is hereby returned to the State in accordancewith the terms and conditions of the Agreement; and (ii) I run legally authorized to bind the Contractorto this affirmation. Any and all Confidential Informationthat was stored electronicallyby me has been pe1manentlydeleted from all of my systems or electronic storage devices where such Confidential Informationmay have been stored. ------------------------- I DO SOLEMNLYDECLAREAND AFFIRMUNDER THE PENALTIESOF PERJURYTHAT THE CONTENTSOF THIS AFFIDAVITARE TRUE AND CORRECTTO THE BEST OF MY KNOWLEDGE, INFORMATION,AND BELIEF,HAYING MADE DUE INQUIRY. DATE:_________ __ _ NAME OF CONTRACTOR: BY: ----- ------------------- - ---- -(Signature) - - -- --- ---- TITLE: _____________________ --_ (AuthorizedRepresentativeand Affiant) AGY-18-004-MT MTA Pest and Rodent Control Page 172 MDG-18-0397-A-000423 Pest and Rodent Control - Bid Form #1 11~: Section Item A B C D Location / Unit Description Number of Locations/ Units Spraying Treatments Per Year Spraying Cost Per Treatment 1 Bush Division 1 156 78 2 Kirk Division 1 48 24 3 Eastern Division 1 48 24 4 Northwest Division 1 48 48 5 Trailers (5) 1 60 36 Additional Service 6 Special Circumstance 10 11 100 Contra ct M anager's Discretio n: Termites & Bed Bugs as Needed: so TOTAL ANNUAL COST FOR FACILITY MAINTENANCE BUS: - Section "A" add lines 1-9, column G: ~ TOTAL FIVE (5) YEARCONTRACT COST FOR FACILITY MAINTENANCE : - Section "A" line 10 column G times 5: - --a lli. n ";..,-11 I'.! D ill' 'T ~-,:i, _ii" '!I {Jl,,P ' ID~D .,~ -~ ll'""ll "lin'" 'L,'J, l'lf -A - - - - $ - $ - $ $ - $ ~ ~ ·.r.. - - n f .• ~ c- • ;i.;& - 12 $ $ $ $ - 200 $ - 40 $ - 241 2 Kirk Div ision - Buses 157 12 3 Eastern Division - Buses 194 12 Northwest Div - Buses 171 6 (B X C X D) plus (B X E X F) ti BUSMAINTENANCE Bush Division Buses 5 Annual Cost $ $ $ $ $ - Con t ract Manage r's Discret ion: Rat Zapp ers (4 x 4 3/4 x 111/2): B 4 G $ 80 Request 8 9 1 F Rat Zapper/ Bait Box Cost Per Treatment 40 Requests 7 1:1 1··· FACILITY MAINTENANCE - BUS A I¼, E Rat Zapper/ Bait Box Treatments Per Year Add itional Service Requests - 763 Buses Special Circumstance Request - fogging 12 7 TOTAL ANNUAL COST FOR BUS MAINTENANCE: - Section "B" add lines 1-6 Column G: 8 TOTAL FIVE (5) YEARCONTRACT COST FOR BUS MAINTENANCE: - Section "B" line 7 column G times 5: TOTAL ANNUAL COST FOR ENGINEERS ESTIMATE #1: Section "A" column "G" line 10 PLUS Section "B" column "G" line 7: TOTALFIVE(S) YEARCOSTFORENGINEERS ESTIMATE#1: Section "A" comumn "G" line 11 PLUS Section 11 11 B column "G" line 8: $ $ $ $ - - MDG-18-0397-A-000424 Pest and Rodent Control - Bid Form #2 -· Section Item A 1 2 3 4 5 B 1 2 3 4 5 A ,8 Location / Unit Description Number of Locations/ Units C Spraying Treatments Per Year - D Spraying Cost Per Treatment E' Rat Zapper/ Bait Box Treatments Per Year .. ·- F - Rat Zapper/ Bait Box Cost Per Treatment Annual Cost (BX C X D) plus (BX EX F) MARC TRAIN - Aberdeen, BWI Airport, Edgewood, Halethorpe, Odenton, Perryville, Martin Airport Stations Listed Above 12 12 7 $ Additional Service so $ Requests: Special Circumstance so $ Request: TOTAL ANNUAL COSTFORMARC TRAIN: - Section "A" add lines 1-3, column G: $ - TOTAL FIVE(5) YEARCONTRACTCOSTFOR MARC TRAIN: - Section "A" line 4 column G times 5: METRO RAIL - Operations Control Center, Systems Malntaintenance, Kiosk, Old Court Facilities Maintenance, Buildings Listed Above Rail Cars & Vehicles Metro Rail Stations Additional Service Requests Special Circumstance Request $ Money Room, Photo Lab/Print Shop, Mondawmln Wabash Rall Shop, Fair Collectlon/Facllltles -- G - Station Maintenance 8 12 $ - 98 14 12 12 12 $ $ - 25 100 $ - $ - $ $ - 50 6 TOTAL ANNUAL COSTFOR METRO RAIL: - Section 118 11 add lines 1-5 Column G: 7 TOTAL FIVE(S) YEARCONTRACTCOSTFORMETRO RAIL: - Section "B" line 6 column G times S: MDG-18-0397-A-000425 ---·- - -- Pest and Rodent Control - Bid Form #2 - A: " I"[~ - -~' ". ' Section Item Location / Unit Description e·- -- Number of Locations/ Units 2 3 4 5 6 7 8 g· C - Spraying Treatments Per Year Spraying Cost Per Treatment '" - ,E F -Rat Zapper/ Bait Box Cost Per Treatment Rat Zapper/ Bait Box Treatments Per Year - ti - ~ Annual Cost (BX C X D) plus (BX EX F) LIGHT RAIL - North Avenue, Cromwell C 1 -~- Buildings Listed Above Bellona Ave. Storage Trailers Exterior Rooms Rail Cars - (Two-Pack) Light Rail Stations Additional Service Requests: Special Circumstance Request: 2 12 12 $ - 1 12 12 12 $ $ $ $ $ - 53 $ - 12 $ - $ $ $ $ - 6 3 53 33 12 12 12 TOTALANNUAL COSTFOR LIGHTRAIL:- Section "C" add lines 1-8, column G: 9 10 TOTAL FIVE (5) YEARCONTRACTCOSTFOR LIGHT RAIL: - Section "C" line 9 column G times 5: TOTAL ANNUAL COSTFOR ENGINEERSESTIMATE#2: Section "A, B, C" Column "G" Lines 4, 6, 9: TOTALFIVE(5) YEARCOSTFORENGINEERS ESTIMATE #2: Section "A, B, C" column "G" Lines 5, 7, 10: :.,~~::·..~''t,,:;:>;, ~:- ~~:.·- -.- ,. 'L - - - , •. MDG-18-0397-A-000426 MTA Bid- Home Paramount Subject: MTA Bid- Home Paramount From: John Pica Date: 12/4/2017 3:13 PM Attachments: MTA Bid- Home Paramount.pdf (7.6 MB) CC: "Tilley, Nancy" To: "paul.beatty@maryland.gov" , "courtney.highsmith@maryland.gov" Paul, I'm checking to see if there's an update you can give me. If you look at the bid, starting on page 20, the job requires pest and rodent control on all MTA property, facilities, stations, structures, offices, vehicles, trains, and buses. It includes light rail, METRO Rail, and MARC Trains. Work is to be performed at all train stops, platforms, stations, offices, trailers, storage facilities, guard houses, and vvork-shops. This contract is not suited for a small business. It's virtually impossible for a small company to satisfactorily complete this work. Home Paramount has had this contract for several years. Removing the small business reserve restriction does not guarantee HP will get the contract. The company will still be required to compete in the bidding process. Under the current bid, HP cannot even bid the job. Please call me if you have any questions. Thank you. John Pica 410 446 4600 John A. Pica, Jr. Pica & Associates, LLC 14 State Circle Annapolis, MD 21401 41 0 990 1250 Office 410 446 4600 Mobile 41 0 280 2546 Fax Website- w w w .johnpica.com Member, Maryland Senate 1983 to 1998 Member, House of Delegates MDG-18-0397-A-000427 1 of2 7 /19/20181:41 PM MTA Bid- Home Paramount 19?9 to 1983 2 of2 7719,2013 1:41 PM MARYLAND DEPARTMENT OF TRANSPORTATION STATE OF MARYLAND MARYLAND DEPARTMENT OF TRANSPORTATION MARYLAND TRANSIT ADMINISTRATION INVITATION FOR BIDS (IFB) SOLICITATION NO. AGY-18-004-MT MTA PEST AND RODENT CONTROL Issue Date: November 9, 2017 NOTICE TO BIDDERS/OFFERORS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§ 14-501-14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. See IFB Section 1.44 for additional information. MDG-18-0397-A-000429 STATE OF MARYLAND NOTICE TO VENDORS In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed fonn to the attention of the Procurement Officer (see the Key Information Sheet below for contact information). 1. Title: MTA Pest and Rodent Control Solicitation No: AGY-18-004-MT If you have chosen not to respond to this solicitation, please indicate the reason(s) below: ( ( ( ( ( ( ) ) ) ) ) ) ( ( ( ( ( ) ) ) ) ) ( ) ( ) ( ) ( ) 2. Other commitments preclude our participation at this time. The subject of the solicitation is not something we ordinarily provide. We are inexperienced in the work/commodities required. Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.) The scope of work is beyond our present capacity. Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.) We cannot be competitive. (Explain in REMARKSsection.) Time allotted for completion of the Bid/Proposal is insufficient. Start-up time is insufficient. Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.) Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.) MBE or VSBE requirements. (Explain in REMARKS section.) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) Payment schedule too slow. Other: _ ___ _____ _ ___ ____ _____ _ _ _ If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.). REMARKS: Vendor Name: _________________ Contact Person: _____________ _ _ Date: _________ Phone(__) __ _ - ______ _ Address: ____________________________ _ E-mail Address: ________________________ AGY-18-004-MT _ Page I Ii MTA Pest and RodentControl MDG-18-0397-A-000430 ST ATE OF MARYLAND MARYLAND TRANSIT ADMINISRATION IFB KEY INFORMATION SUMMARY SHEET Invitation for Bids: MT A Pest and Rodent Control Solicitation Number: AGY-18-004-MT IFB Issue Date: November 9, 2017 IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration Procurement Officer: Cheryll Brewton, Procurement Officer 6 St. Paul Street, 7tl,Floor Baltimore, Maryland 21202 Phone:410-767-3446 Fax: 410-333-4810 cbrewton@mta.maryland.gov Bids are to be sent to: Maryland Transit Administration 6 St. Paul Street, 7d,Floor Baltimore, Maryland 21202 Attention: Cheryll Brewton Pre-Bid Conference: November 28, 2017 at 1:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7tl,Floor Baltimore, Maryland 21202 Bid Due (Closing) Date and Time: December 14, 2017 at 1:30 P.M. Local Time Public Bid Opening: December 14, 2017 at 2:00 P.M. Local Time Maryland Transit Administration 6 St. Paul Street, 7d, Floor Baltimore, Maryland 21202 AGY-18-004-MT Page I iii MTA Pest and Rodent Control MDG-18-0397-A-000431 Table of Contents SECTION 1 - GENERAL'IN'FORMATION .............................................................................. 6 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 l. 11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 Summary Statement......................................................................................................... 6 Abbreviations and Definitions ......................................................................................... 6 Contract Type................................................................................................................... 7 Contract Duration............................................................................................................. 7 Procurement Officer......................................................................................................... 8 Contract Monitor..............................................................................................................8 Pre-Bid Conference.......................................................................................................... 8 eMarylandMarketplace.................................................................................................... 9 Questions.......................................................................................................................... 9 Procurement Method........................................................................................................ 9 Bids Due (Closing) Date and Time..................................................................................9 Multiple or Alternate Bids ............................................................................................. 10 Receipt, Opening and Recording of Bids ......................................................................10 Confidentialityof Bids...................................................................................................10 Award Basis ................................................................................................................... 10 Tie Bids .......................................................................................................................... 11 Duration of Bid ................................................................................. ............................. 11 Revisions to the IFB....................................................................................................... 11 Cancellations.................................................................................................................. 11 Incurred Expenses.......................................................................................................... 11 Protest/Disputes............................................................................................................. 11 Bidder Responsibilities..................................................................................................11 Substitutionof Personnel ............................................................................................... 12 Mandatory Contractual Terms .......................................................................................12 Bid/Proposal Affidavit................................................................................................... 12 Contract Affidavit .......................................................................................................... 12 Compliance with Laws/Arrearages................................................................................12 Verification of Registration and Tax Payment ..............................................................12 False Statements............................................................................................................. 13 Payments by Electronic Funds Transfer ........................................................................13 13 Prompt Payment Policy.................................................................................................. Electronic Procurements Authorized .............................................................................13 Minority Business Enterprise Goal and Subgoals .........................................................15 Living Wage Require1nents...........................................................................................15 Federal Funding Acknowledgement..............................................................................16 Conflict of Interest Affidavit and Disclosure.................................................................16 Non-Disclosure Agreement ...........................................................................................16 HIPAA - Business Associate Agreement ......................................................................16 Nonvisual Access........................................................................................................... 16 Mercury and Products That Contain Mercury ...............................................................16 Veteran-Owned Small Business Enterprise Goal ..........................................................16 Location of the Performance of Services Disclosure.....................................................16 Department of Human Resources (DHR) Hiring Agreement........................................17 AGY-18-004-MT Page I iv MTA Pest and Uodent Control MDG-18-0397-A-000432 1.44 Small Business Reserve (SBR) Procurement ................................................................ 17 SECTION 2- 'MINIMUM QUAL'IFICATIONS ..................................................................... 19 2.1 Bidder Minimum Qualifications .................................................................................... 19 SECTION 3 - SCOPE OF WORK ........................................................................................... 20 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Background and Putpose ............................................................................................... Scope of Work- Requirements ...................................................................................... Security Requirements ................................................................................................... Insurance Requirements ................................................................................................. Problem Escalation Procedure ....................................................................................... Invoicing ........................................................................................................................ End of Contract Transition ............................................................................................. 20 20 29 29 30 30 31 SECTION 4-BID FORMAT.................................................................................................... 32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 One Part Subn1ission ...................................................................................................... 32 Labeling ......................................................................................................................... 32 BidPriceForm ............................................................................................................... 32 Required Bid Subnrissions ............................................................................................. 32 Reciprocal Preference .................................................................................................... 34 Delivery .......................................................................................................................... 34 Documents Required upon Notice of Recommendation for Contract Award ............... 35 IF'B ATTAC"HMENTS .................................................................................................................... 36 ATTACHMENT ATI ACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT ATTACHMENT AGY-18-004-MT A- CONTRACT .......................................................................................... 37 B - BIDIPROPOSAL AFFIDAVIT ............................................................. 50 C - CONTRACT AFFIDAVIT .................................................................... 57 D- PRE-BID CONFERENCE RESPONSE FORM ................................... 60 E- BID PRICING INSTRUCTIONS .......................................................... 61 E-BID FORM ............................................................................................ 62 F - LNJNG WAGE REQUIREMENTS FOR SERVICE CONTRACTS .. 63 G - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ........ 67 H-NON-DISCLOSURE AGREEMENT ................................................... 68 MTA Pest nnd RodentControl Pngelv MDG-18-0397-A-000433 SECTION 1 - GENERAL INFORMATION I 1.1 Summary Statement 1.1.1 The Maryland Transit Administration (MT A) is issuing this Invitation for Bids (IFB) to provide MT A properties, vehicles, buildings, office, grounds, and structures with effective and positive control of all rodents and pests. 1.1.2 It is the State's intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract is five (5) years. See Section 1.4 for more information. 1.1.3 The Department intends to award up to two (2) Contracts based on Function Area(s), as a result of this IFB. See IFB Section 1.15 for more information. 1.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder(s) (the Contractors) shall remain responsible for Contract performance regardless of subcontractor participation in the work. j 1.2 Abbreviations and Definitions For purposes of this IFB, the following abbreviations or terms have the meanings indicated below: 1. Bid - A statement of price offered by a Bidder in response to an IFB. 2. Bidder - An entity that submits a Bid in response to this IFB. 3. Business Day(s)-The official working days of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of"Normal State Business Hours" below). 4. COMAR- Code of Maryland Regulations available on-line at www.dsd.state.md.us. 5. Contract-The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment A. 6. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4. 7. Contract Monitor (CM) - The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor's responsibilities. 8. Contractor - The selected Bidder that is awarded a Contract by the State. 9. Deparhnent or MT A - Maryland Transit Administration. AGY-18-004-MT MT A Pest and Rodent Control Pngel6 MDG-18-0397-A-000434 I 0. eMM - eMaryland Marketplace (see IFB Section 1.8). 11. Go-Live Date - The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by this solicitation. See Section 1.4. 12. Invitation for Bids (IFB)-This Invitation for Bids solicitation issued by the MTA, with the Solicitation Number and date of issuance indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors), including any addenda. 13. Local Time - Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. 14. Minority Business Enterprise (MBE)-Any legal entity certified as defined at COMAR 21.0l.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03. 15. Normal State Business Hours - Normal State business hours are 8:00 a.m. - 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov- keyword: State Holidays. 16. Notice to Proceed (NTP) - A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go-Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation . After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the Department Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date. 17. Procurement Officer - Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor. 18. State - The State of Maryland. 19. Total Bid Price - The Bidder's total price for services in response to this solicitation, included in the Bid in Attachment F - Bid Form, and used in determining the recommended awardee (see IFB Section 1.15). 20. Veteran-owned Small Business Enterprise (VSBE)- a business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13. I1.3 Contract Type Th e Contract resulting from this solicitation shall be a finn fixed price as defined in COMAR 21.06.03.02.A(l)&(2). I t.4 1.4.1 Contract Duration The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required ("Contract Commencement"). AGY-18-004-MT MTA Pest and Rodent Control Pagel7 MDG-18-0397-A-000435 1.4.2 The period of time from the date of Contract Commencement through the Go-Live Date (see Section 1.2 definition and Section 1.4.3) will be the Contract "Start-up Period." During the Start-up Period the Contractor shall perfonn start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any activities it perfonns during the Start-up Period. 1.4.3 As of the Go-Live Date contained in a Notice to Proceed (see Section 1.2 definition), the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Bid. 1.4.4 The duration of the Contract will be for the period of time from Contract Commencement from Notice to Proceed for the provision of all services required by the Contract and the requirements of this solicitation. 1.4.5 The Contractor's obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied. I 1.5 Procurement Officer The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract (see definition of "Procurement Officer" in Section 1.2). The name and contact information of the Procurement Officer are indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Department may change the Procurement Officer at any time by written notice. No other MT A employees should be contacted referencing this IFB. The vendor is liable for any infonnation received from other than the procurement officer. It.6 Contract Monitor The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award (see definition of "Contract Monitor" in Section 1.2). The name and contact infonnation of the Contract Monitor are indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Department may change the Contract Monitor at any time by written notice. 1 1.1 Pre-Bid Conference A Pre-Bid Conference (the Conference) will be held at the date, time, and location indicated in the IFB Key Infonnation Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids. The Conference will be summarized As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to have received a copy of this IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace. See IFB Section 1.8. AGY-18-004-MT MTA Pest and Rodent Control Page I 8 MDG-18-0397-A-000436 In order to assure adequate seating and other accommodations at the Conference, please e-mail or fax the Pre-Bid Conference Response Form (Attachment E) to the attention of the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date . The Department will make a reasonable effort to provide such special accommodation. I i.s eMarylandMarketplace Each Bidder is requested to indicate its eMaryland Marketplace (eMM) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Bid submission to this IFB. eMM is an electronic commerce system administered by the Maryland Department of General Services. Means for transmitting the IFB and associated materials, the solicitation and summary of the Pre-Bid Conference, Bidder questions and the Procurement Officer's responses, addenda, and other solicitation-related information will be provided via eMM. In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to https://emaryland .buy speed.com/bso/login.isp, click on "Register" to begin the process, and then follow the prompts. 11.9 Questions Written questions from prospective Bidders will be accepted by the Procurement Officer prior to the Conference. If possible and appropriate, such questions will be answered at the Conference . (No substantive question will be answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via e-mail to the via email to the following address: cbrewton@mta.rnaryland.gov. Please identify in the subject line the Solicitation Number and Title. Questions, both oral and written, will also be accepted from prospective Bidders attending the Conference. If possible and appropriate, these questions will be answered at the Conference. Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer via email in a timely manner prior to the Bid due date. Questions are requested to be submitted at least fifteen (15) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Time pennitting, answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requester, will be distributed to all vendors that are known to have received a copy of the IFB in sufficient time for the answer to be taken into consideration in the Bid. j 1.10 Procurement Method This Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02. I t.11 Bids Due (Closing) Date and Time Bids, in the number and form set forth in Section 4.4 "Required Bid Submissions," must be received by the Procurement Officer at the Procurement Officer's address and no later than the Bid Due date and time indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) in order to be considered . THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFf BLANK. AGY-18-004-MT MT A Pest and Rodent Control Pagel9 MDG-18-0397-A-000437 Requests for extension of this time or date will not be granted . Bidders mailing Bids should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in this section will not be considered. Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids may not be submittedby e-mail or facsimile. Vendors not responding to this solicitation are requested to submit the "Notice to Vendors" form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.). This form is located in the IFB immediately following the Title Page (page ii) . !1.12 Multiple or Alternate Bids Multiple and/or alternate Bids will not be accepted . I t.13 Receipt, Opening and Recording of Bids ' l.13.1 Receipt. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening , the State may not disclose the identity of any Bidder. 1.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. The name of each Bidder, the total Bid price, and such other information as is deemed appropriate shall be read aloud or otherwise made available. 1.13.3 The Bid Opening shall be at the date, time, and location indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) I t.14 Confidentiality of Bids The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price. For requests for information made under the Public Information Act (PIA), the Procurement Officer shall examine the Bids to detennine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General. I 1.15 Award Basis The Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13)for each of the functional areas for providing the goods and services as specified in this lFB. The most favorable Total Bid Price will be the lowest price total on AttachmentE - Bid Form. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004--MT MTA Pest 11ndRodent Control Page I 10 MDG-18-0397-A-000438 j t.16 Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14. j 1.17 Duration of Bid Bids submitted in response to this IFB are irrevocable for 180 days following the closing date of the Bids. This period may be extended at the Procurement Officer's request only with the Bidder's written agreement. It.18 Revisions tothe IFB If it becomes necessary to revise this IFB before the due date for Bids, the Department shall endeavor to provide addenda to all prospective Bidders that were sent this IFB or which are otherwise known by the Procurement Officer to have obtained this IFB. In addition, addenda to the IFB will be posted on the Department's procurement web page and through eMM. It remains the responsibility of all prospective Bidders to check all applicable websites for any addenda issued prior to the submission of Bids. Acknowledgment of the receipt of all addenda to this IFB issued before the Bid due date shall be included in the Transmittal Letter accompanying the Bidder's Bid. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the IFB. j t.19 Cancellations The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB. I t.20 Incurred Expenses The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to submitting a Bid in response to this solicitation. I i.21 Protest/Disputes Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies). @2 Bidder Responsibilities The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder's Bid. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB. If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all infonnation submitted by the Bidder, such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall AGY-18-004-MT MTA Pest nnd Rodent Control Page I J1 MDG-18-0397-A-000439 pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder shall submit with its Bid an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary. I t.23 Substitution of Personnel If the solicitation requires that a particular individual or personnel be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State's remedies under the Contract or which otherwise may be available at law or in equity. I t.24 Mandatory Contractual Terms By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection. j 1.25 Bid/Proposal Affidavit A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this IFB. I t.26 Contract Affidavit All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this IFB. This Affidavit must be provided within five (5) Business Days ofnotification of proposed Contract award. This Contract Affidavit is also required to be submitted by the Contractor with any Contract renewal, including the exercise of any options or modifications that may extend the Contract term. For purposes of completing Section "B" of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), note that a business entity that is organized outside of the State of Maryland is considered to be a "foreign" business. j t.27 Compliance with Laws/Arrearages By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award. j 1.28 Verification of Registration and Tax Payment Before a business entity can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803,301 West Preston Street, Baltimore, Maryland 21201. The SDAT website is http://sdatcert3.resiusa.org/ucc-charter/. AGY-18-004-MT MTA Pest nnd Rodent Control Page 112 MDG-18-0397-A-000440 It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder's failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award. It.29 False Statements Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205 .1 provides as follows: 1.29.1 In connection with a procurement contract a person may not willfully: (a) (b) (c) Falsify, conceal, or suppress a material fact by any scheme or device; Make a false or fraudulent statement or representation of a material fact; or Use a false writing or document that contains a false or fraudulent statement or entry of a material fact. 1.29.2 A person may not aid or conspire with another person to commit an act under subsection (1) of this section. 1.29.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both. j t.30 Payments by Electronic Funds Transfer By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller's Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000 . The selected Bidder/Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller's Office for approval at the address specified on the COT/GAD X-10 form, must include the business tdentification infonnation as stated on the form, and must include the reason for the exemption. The COT/GAD X-1 O form may be downloaded from the Comptroller's website at: http:// comptroll er.marylandtaxes.com/Government Services/State Accountin g Information/Static Files/APM/ gadx10.pdf I t.31 Prompt Payment Policy This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor's Office of Minority Affairs (GOMA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract "Prompt Payment" clause (see Attachment A). Additional information is available on GOMA's website at: http://goma.ma ryland. gov/Documents/Le gislation/Prom ptPaymentF AOs.pdf I t .32 A. Electronic Procurements Authorized Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a AGY-18-004-MT MT A Pest and Rodent Control Page I 13 MDG-18-0397-A-000441 contract, as provided in Md. Code Ann ., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21. B. Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract. C. "Electronic means" refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange. D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., § 1.30 "Payments by Electronic Funds Transfer") and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the terms described: 1. The Procurement Officer may conduct the procurement using eMM, e-mail, or facsimile to issue: (a) (b) (c) (d) (e) the solicitation (e.g., the IFB/RFP); any amendments; pre-Bid/Proposal conference documents; questions and responses; communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential Bidder/Offeror; (f) notices of award selection or non-selection; and (g) the Procurement Officer's decision on any Bid protest or Contract claim. 2. A Bidder/Offeror or potential Bidder/Offeror may use e-mail or facsimile to: (a) ask questions regarding the solicitation; (b) reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer's request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer; (c) submit a "No Bid/Proposal Response" to the solicitation. 3. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section E of this subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor. E. The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means: 1. 2. 3. 4. submission of initial Bids or Proposals; filing of Bid Protests; filing of Contract Claims; submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications, etc .); or 5. any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder/Offeror be provided in writing or hard copy. AGY-18-004-MT MT A Pest and Rodent Control Page I 14 MDG-18-0397-A-000442 F. I t.33 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor. Minority Business Enterprise Goal and Subgoals There is no MBE subcontractor participation goal for this procuremen t. I t.34 Living Wage Requirements Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code, State Finance and Procurement, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a Contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11. 10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. See the "Living Wage" clause in the Contract (Attachment A). Additional information regarding the State's living wage requirement is contained in Attachment F. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required documentation, the State may determine a Bidder/Offeror to be not responsible under State law. Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery, Prince George's, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to§ 18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder/Offeror must identify in its Bid/Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided. • • • If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract. If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, this Contract will be determined to be a Tier 1 Contract. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md. us/labor/prev/livingwage.shtml. AGY-18-004-.MT MTA Pest and Rodent Control Page j 15 MDG-18-0397-A-000443 NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because of a Living Wage change, I t.35 Federal Funding Acknowledgement This Contract does not contain Federal funds. I t.36 Conflict oflnterest Affidavit and Disclosure Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment G) and submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the Contractor's personnel who perfonn or control work under this Contract and each of the participating subcontractor personnel who perfonn or control work under this Contract shall be required to complete agreements substantially similar to Attachment G Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08. I t.37 Non-Disclosure Agreement All Bidders/Offerors are advised that this solicitation and any resultant Contract(s) are subject to the tenns of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment H. This Agreement must be provided within five (5) Business Days of notification of proposed Contract award ; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid/Proposal. It.38 HIPAA - Business Associate Agreement A HIPAA Business Associate Agreement is not required for this procurement. j t.39 Nonvisual Access This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access. j t.40 Mercury and Products Tb;it Contain Mercury This solicitation does not include the procurement of products known to likely include mercury as a component. I t.41 Veteran-O'wned Small Business Enterprise Goal There is no Veteran-Owned Small Business Enterprise (VSBE) participation goal for this procurement. I t.42 Location of the Performance of Services Disclosure This solicitation does not require a Location of the Perfonnance of Services Disclosure. AGY-18-004-MT MTA Pest and Rodent Control Page I 16 MDG-18-0397-A-000444 It.43 Department of Human Resources (DHR) Hiring Agreement This solicitation does not require a DHR Hiring Agreement. I 1.44 Small Business Reserve (SBR) Procurement This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§ 14-50114-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria: A. It is independently owned and operated; B. It is not a subsidiary of another business; C. It is not dominant in its field of operation; and D. Either: (1) With respect to employees: (a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years; (b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years; (c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years; (e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and (f) The architectural end engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; or (2) With respect to gross sales: (a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years; (b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years; AGY-18-004-MT MTA Pest and Rodent Control Page 117 MDG-18-0397-A-000445 (c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; (d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years; (e) The gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and (f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence. Further infonnation on the certification process is available at eMaryland Marketplace. F. Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract. G. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Department of General Services as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been certified. H. Reporting. The designated procurement units shall submit a report on the Small Business Reserve Program annually as required under COMAR 21.13.01.03B. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 18 MDG-18-0397-A-000446 SECTION 2 - MINIMUM QUALIFICATIONS 12.1 Bidder Minimum Qualifications The Bidder shall provide proof with its Bid that the following Minimum Qualifications have been met: 2.1. I The Bidder shall be properly licensed and certified to handle, apply, and dispose of any/all pesticides, insecticides, and chemicals, etc. used in accordance with any/all applicable OSHA, Maryland State, and Federal Laws and Regulations. 2.1.2 The Bidder shall submit complete and legible copies of current licenses and certifications as stated above, Section 2.1.1. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Pngc 119 MDG-18-0397-A-000447 SECTION 3 - SCOPE OF WORK 13.1 Background and Purpose TI1eMaryland Transit Administration {MTA) is issuing this Invitation to Bid (IFB) to award one or more contracts, based on Functional Area, to a qualified finn( s) to provide effective and positive control of all rodents and pests in the MT A properties, vehicles, buildings, offices, grounds, and structures. I 3.2 Scope of Work - Requirements 3.2.1 Definitions A. Function Area I- Includes all MT A property, facilities, stations, structures, offices, vehicles, and buses within the Bus Division. B. Function Area II- Includes al,lMTA property, facilities, stations, structures, offices, rail cars, and vehicles within the Light Rail, METRO Rail, and MARC Train Divisions. C. Pests- Identified as any destructive or troublesome insects and bugs of any type. D. Rodents- Including, but not limited to, rats, mice, snakes, squirrels, raccoons, possums, lizards, birds, wasps, bees, cats, stink-bugs, etc. E. Special Circumstance Service Requests- Identified as situations based on MTA's employees' visual observations, customer complaints, special projects, demolition, structure rebuilds, and/or specified occurrences as deemed necessary by the MTA. F. Additional Service Requests- Identified as Situations based on MTA employees' suspicion of a re-infestation of any area, vehicles, structures, buildings, properties, etc. in between regularly scheduled treatments. G. Warranty Services- Services required by the need to reapply treatments to any/a11MT A properties, facilities, stations, structures, offices, buses, railcars, vehicles, buildings, and/or specified areas within the "treatment/application's effective period as specified by the Contractor'' due to its ineffectualness. H. Service Locations- Including, but not limited to: 1. Stations- Consists of a physical structure above or below ground 2. Train Stops- Consists of, but not limited to, rail platforms and/or exterior restroom 3. Platfonns- Consists of a stand-alone rail platform used to board and exit rail vehicle 4. Facilities- Consists of office buildings, trailers, workshops, storage facilities, and guardhouses/ guard shelters. I. Rodent Control Services- Includes, but not limited to, "Rat Traps" and "Rat Zappers". However, the Contractor will consider "Rat Traps and Rat Zappers" comparable in costs as MTA will be implementing the sole use of "Rat Zappers" in the future. THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and RodentControl Page I 20 MDG-18-0397-A-000448 3.2.2 General Requirements A. The Contractor shall provide his/her own equipment, labor, insecticides,pesticides, disinfectants, chemicals, vehicles and/or transportation,tools, materials, and supplies as required for the work to be completed for a comprehensivepest and rodent control service as described herein. B. The Contractor shall provide effective and positive treatment for the complete control ofrodents and pests as described herein. C. The Contractor shall be required to make "Special Circumstance" service requests to treat areas and/or vehicles as requested by the MTA. The requested "Special Circumstance" service call may be due to MTA employees' visual inspections, customer complaints, special projects, demolition and/or rebuild of structures, or any reasons as deemed necessary by the MTA. The Contractor shall respond to all "Special Circumstance" service requests within twelve (12) hours ofreceipt of the request. D. The Contractor shall provide the treatment of tennites on an as needed basis only and shall submit an itemized list of costs for all services,:insecticides,and chemicals used in the treatment of the termites. E. The Contractor shall perform the inspection, location, trapping, and extennination of rats, mice, raccoons, possums, and other rodents as defined under "Definitions" on an as needed basis only and shall submit itemized costs list of all services, equipment, and/or chemicals used. 3.2.3 Additional Services A. Upon a MTA Project Manager's request, the Contractor shall be required to provide additional services to ensure adequate pest/rodent control at any other MTA locations, unoccupied property, or structure. Upon such requests, an escort may be provided during the period necessary to treat the affected area(s). This service falls under the classification of"as needed treatments". B. Upon the suspicion of an infestation, MT-Amay request additional services at any time between regularly scheduled treatments as outlined in Section 3.2.8.A. Should the Contractor confirm the infestation of any group of vehicles, structures, offices, facilities, properties or buildings, the Contractorshall be required to apply treatment to all specified areas. C. In all instances of confirmed infestation, the Contractor shall be required to produce, in writing, an accurate and adequate statement of facts, identifying the pests and/or rodents, the magnitude of the infestation, the location of the infestation;and specify all insecticides, pesticides, disinfectants, chemicals, or traps required for the treatment and the number of applications required to eradicate the infestation. D. The Contractor shall obtain prior approval from the Project Manager in the case of receipt of requests for "Special Circumstance" and/or "Additional Services" prior to performing any pest and rodent contrnl services. E. The Contractor shall perform any/all "Warranty" services at no charge; as it is defined as a reapplication within thirty (30) days of the previously scheduled treatment /application. F. Upon the Contractor's receipt of the Project Manager's written approval, the Contractor shall be required to apply treatment to all approved specified vehicles, structures, of.fices,facilities, properties, and/or buildings within twenty-four(24) hours of notification of approval; this includes any/all "Warranty" services. 3.2.4 Safety and Convenience AGY-18-004-MT MTA Pest and Rodent Control Pnge I 21 MDG-18-0397-A-000449 A. The application of the treatment process shall not present any objectionable odors/fumes, health hazards, and/or discomfort to the lives and/or well-being of MTA employees, customers, or visitors . B. All insecticides, pesticides, disinfectants, chemicals, or traps used on vehicles or used in MT A structures or building shall not be harmful or cause any damages to the vehicles, strnctures, or building itself. This includes flooring, paneling, wall coverings, carpeting, wiring, furniture, etc. C. BUS: The application of the treatment process shall not require the removal of any bus from service for a period exceeding four hours. D. LIGHT RAIL: The Application of the treatment process shall not require the removal of any rail car from service for a period exceeding four hours. E. METRO: The application of the treatment process shall not require the removal of any rail car from service for a period exceeding two hours. F. MARC TRAIN SERVICE: The application of the treatment process shall not require any facilities, offices, and buildings to be closed or shut down from service for a period exceeding one hour. G. Services shall be provided to the facilities, offices, buildings, and structures during the hours as specified in Section 3.2.5 . 1. Treatments applied in facilities, offices, buildings, and structures may be occupied during the treatment process. 2. If the areas as described above must be vacated during the treatment process, the Contractor shall arrange with the appropriate Mode Managers, or his/her designee, to provide all such services Monday through Friday between the hours of 6:00PM to 6:00AM. H. The Contractor shall ensure that the treatment area can be washed or otherwise cleaned with no detrimental effect to the process twelve (12) hours ·after the application of the process. I. No objectionable odors/fumes will be present one hour after the application process unless otherwise specified . 3.2.5 Scheduling A. The Contractor shall schedule meetings with the appropriate Mode Managers, or his/her designee, prior to perform any services. B. The Contractor shall provide the appropriate Mode Managers, or his/her designee, with a legible written schedule of work to be perfonned at the start of each scheduled meeting . C, The Contractor shall report to the appropriate MTA Mode Manager, or his/her designee, prior to and upon completion of all services/repairs performed. D. BUS 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and building during normal business hours, Monday through Friday between the hours of 7:00AM and 2:00PM. 2. Buses- The Contractor shall provide treatments to the buses on Saturday and Sunday between the hours of 2:00AM and 6:00AM. AGY-18-004-MT MTA Pest nnd RodentControl Page j 22 MDG-18-0397-A-000450 E . METRO RAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during nonnal business hours, Monday through Friday, 7:00AM to 2:00PM. 2. Rail Cars-The Contractor shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM . F. LIGHT RAIL 1. Facilities- The Contractor shall provide treatments to the facilities, offices, and buildings during nonnal business hours of Monday through Friday 7:00AM to 2:00PM. 2. Rail Cars- The Contract shall provide treatments to the rail cars during the hours of Monday through Friday 2:00AM to 6:00AM. G. MARC TRAIN 1. Stations- The Contractor shall provide treatments to the facilities, offices, and buildings during normal business hours, Monday through Friday 7:00AM to 2:00PM. 2. Properties- The Contractor shall provide treatments to the grounds and structures during nonnal business hours, Monday through Friday 7:00AM to 2:00PM. H. The Contractor shall provide treatments to all vehicles (Light Rail, METRO, and Bus) on Saturdays and Sundays during non-business hours between 2:00AM to 10:OOAM. 3.2.6 Pest/Rodent Extennination A. The pest extermination process shall flush all pests as described under "Definitions", from their customary habitats through the application of a long-tenn residual extermination process employing a pesticide that meets the requirements of the contract. 1. The applications shall employ proven procedures and shall include fast-acting agent designed to kill all insects and pests on contact effectively and in large numbers. 2. The application process shall incorporate the use of one or more killing agents which shall have not less than thirty (30) days residual agent and shall not be of a composition or application that could be diluted and/or eliminated by routine cleaning . B. The Contractor shall also provide treatment in the areas specified to maintain effective control of the rodent population. C. The Contractor shall provide treatment in all vehicles, offices, buildings, structures, restrooms, storage areas, shops, yards, mechanical rooms,janitorial rooms, equipment rooms, and all areas operated and/or occupied by the MT A. The areas shall include all Bus Divisions, Metro Facilities, Light Rail Facilities, and MARC Station sites, and any other areas operated and/or occupied by MTA, as listed in Section 3.2.18 . D. The Contractor shall conduct a scheduled monthly physical site location inspection accompanied by the Mode Manager, or his/her designee, of all areas to assure that existing control methods are in place and operating satisfactorily . If dead rodents are discovered during the scheduled monthly physical site location inspection, the Contractor shall ensure the removal and proper disposal of any/all such carcasses. The monthly inspection will emphasize a visual inspectionof areas and/or vehicles known to have any incident of re-infestation. AGY-18-004-MT MTA Pest nnd Rodent Control Pngc 123 MDG-18-0397-A-000451 E. The Contractor shall be available on an "as needed" basis to provide additional pest and rodent control to combat any special circumstance needs as requested by MT A. F. METRO AND LIGHT RAIL FACILITIES-The Contractor shall provide rodent baiting in all Metro and Light Rail facilities inclusive of restrooms, janitorial rooms, chiller rooms, mechanical rooms, dumpsters, grounds, tunnels, trash areas, equipment rooms, and any/all other areas as specified by MT A. G. BUS DIVISIONS- The Contractor shall provide rodent baiting in all bus divisions inclusive of shops, restrooms, janitorial rooms, showers, mechanical rooms, equipment rooms, bus bay, fuel stands, and any/all areas as specified by MT A. H. MARC STATIONS- The Contractor shall provide rodent baiting at all MARC stations as specified by MT A. I. The Contractor shall inspect and maintain bait traps during each regularly scheduled monthly inspection. 3.2.7 Application Intervals A. BUS DIVISIONS, METRO FACILITIES, LIGHT RAIL FACILITIES, AND MARC STATIONS: The Contractor shall apply the initial treatments/applications to all stations, facilities and structures within thirty (30) days from the date of Notice to Proceed. Thereafter, the Contractor shall provide treatments/applications as described herein. 1. Bus Divisions- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations buildings, facilities, buses, and structures twelve (12) times per year. 2. Light Rail & METRO Facilities- The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations, buildings, structures, and rail cars twelve (12) times per year. 3. MARC Stations-The Contractor shall provide regularly scheduled applicable pests and rodent treatments/applications to all stations twelve (12) times per year. B. The Contractor shall provide the prescribed treatment as follows: 1. All buses shall receive fumigation (fogging) no less than ONCE per year. 3.2.8 2. All vehicles identified for treatment and the buildings and/or structures residing at the same address/location must be treated within seven days of the other to prevent re-infestation from one area to another. 3. All indoor bus bay facilities must be treated whenever vehicles are treated at the intended address/I ocation. Invoices A. The Contractor shall submit separate invoices properly and adequately identifying the treatments and chemicals used for any/all services performed within the scope of work and application process terms and conditions. Invoices shall be identified as to the location, type of vehicle, vehicle number, and street address (if applicable) to the building and/or structure of work performed. 1. Multiple vehicles on one invoice will be acceptable provided all vehicles are from the same location. 2. All invoices must be accompanied by fully executed "check-off sheets" and "work orders". AGY-18-004-MT MTA Pest and Rodent Control PngeJ24 MDG-18-0397-A-000452 3. "Check-off sheets" and "work orders" will be made available at each facility. 4. Any/all warranty services performed at no charge shall be invoicesas well and clearly marked "No Charge-Warranty". Warranty invoices shall also identify vehicles,buildings/structures/locations,etc. Warranty work is defined as any required re-applicationwithin thirty (30) days of the previous application. B. The Contractorshall submit an accurate, detailed, and completed(accompaniedby all required support documentation)invoice for all services rendered no later than fifteen (15) days after the completion of services. C. The Contractorshall submit invoices as follows: MarylandTransit Administration (MTA) Attention: Richard Simmons, Manager, FacilitiesMaintenanceBus Operations Support, Building #1, Office #1501B 1515 WashingtonBoulevard Baltimore,MD 21230 3.2.9 Vehicle Detailed Locations and Quantities A. Vehicle Types and Quantities 1. Maximumof fifty- three (53) Two-Pack Light Rail Cars and SupportVehicles 2. Maximum of ninety-eight (98) Metro Rail Cars and SupportVehicles 3. Maximumof seven hundred sixty- three (763) Buses-Transit Coaches B. The Contractorshall submit a bus/train/rail car number sheet with each invoice to show the number of buses/trains/railcars that were treated. C. The Contractorshall ensure that all "B usffrain/Rail Car Number Sheets" are signed by an authorized MTA representative,and 1. The MTA's representative's first and last names are legible (printed and signed). 2. The Contractorwill not receive payment for any/all services rendered without the proper support documents"Busffrain/Rail Car Number Sheet" as requestedabove, Section 3.2.10.B. D. The Contractorshall indicate the actual bus/trail/railcar that was treated by placing a check mark beside every bus/train/railcar number on the "Busffrain/Rail Car Number Sheets" that received treatment and the date treated E. The Contractorshall leave a copy of the bus/train number sheet with a MTA Representativefor their records. 3.2.10 Working Conditions A. The Contractor's actions shall not interfere MTA operations or the movementof any transit vehicles. B. MTA has a ZERO Tolerance cell phone policy. Except in approveddesignated areas, MTA employeesand Contractorsare prohibited from using cell phones on MTA property. Any Contractor's employee violating MTA's cell phone policy, may be considered as unsuitable personnel(Section 3.2.14). AGY-18-004-MT MTA Pest nnd Rodent Control Page 125 MDG-18-0397-A-000453 C. Parking is limited, only the Contractor's service vehicle will be allowed on MTA property. No Contractor's employees are permitted to park vehicles on MTA property. D. The Contractor's and subcontractor's vehicles must be outfitted with decals with the Contractors, company name and logo. E. The Contractor's employees shall wear uniforms showing the employee's name and company name. The Contractor's employees shall also wear safety shoes and all other Personal Protective Equipment (PPE) to include, but not limited to, a safety vest. All PPB must meet the appropriate ANSI standard. A Class II ANSI safety vest (or apparel) is MTA's minimum requirement. 3.2.11 Mileage The Contractor nor, any of its employees, shall be reimbursed for any mileage for transportationto and /or from any MTA facilities, offices, buildings, and structures for scheduled or unscheduled services. 3.2.12 Building/SecurityProcedures and Restrictions A. The Contractor shall provide MTA an updated "EmployeesList" reflecting any/all employees designated to work at any/all MTA properties, facilities, offices, buildings, and structures. B. The Contractor shall ensure that the "Employees List" provided to MTA is current at all times. C. The Contractor and his/her employees shall comply with all security measures required by MTA. D. The Contractor and his/her employeesshall display the appropriate Contractor's identification badge when entering upon any/all MTA properties, facilities, offices, buildings, and structures in the performance of any/all services. 3.2.13 Suitable Personnel A. At the sole discretion of the MTA, the Contractor will immediately remove any person from the site that is considered by the Project Manager as unsuitable. B. Any person identified as unsuitable may not be utilized at any MTA location under this Contract. C. Violations of the MTA safety policies, cell phone policy, disruptive actions, theft, dishonesty, or failure to work while on the time clock are some examples to declare a person unsuitable. 3.2.14 Environmental Compliance The Contractor shall maintain a clean working environment and prevent the release of any chemicals, oils, degreasers, lubricants, etc. The Contractor shall provide proper disposal of all discard materials, parts, equipment, etc. 3.2.15 Safety Data Sheets No chemicals (degreasers, detergents, aerosols, solvents, etc.) may be used on MTA properties and/or vehicles without the prior approval of the MTA Project Manager. The Contractor shall submit Safety Data Sheets (SOS) for any/all chemicals (degreasers, aerosols, detergents, solvents, etc.) intended to be used in the treatments of, to the Project Manager prior to use on any/all MTA properties and/or vehicles. Each MTA Mode Manager, and his/her designee, shall maintain and have readily available a copy of all MTA Office of Safety "approved" SOS at the addresses as first describe in Section 3.2.9, for Mode Managers' easy review and retrieval. AGY-18-004-MT MTA Pest and RodentControl Pngel26 MDG-18-0397-A-000454 3.2.16 Property Locations A. Bus Divisions: 1. MT A Bush Division 1515 Washington Blvd. Baltimore, MD 21230 Phone: (410) 454-7160 2. MT A Eastern Division 201 South Oldham St. Baltimore, MD 21224 Phone: (410) 454-7677 3. MT A Kirk Division 2226 Kirk Ave. Baltimore, MD 21218 Phone: (410) 4545-7560 4. MT A Northwest Division 4401 Mount Hope Dr. Baltimore, MD 21215 Phone: (410) 454-7428 5. MT A Mobility Special Services 1515 Washington Blvd. Baltimore, MD 21230 Phone: (410) 468-4784 B. Metro Rail Facilities 1. Operations Control Center (OCC) 301 North Eutaw St. Baltimore, MD 21201 Phone: (410) 454-7711 2. Wabash Rail Shop 5801 Wabash Ave. Baltimore, MD 21215 Phone: (410) 454-7352 3. Systems Maintenance 5801 Wabash Ave. Baltimore, MD 21215 Phone: (410) 454-7405 4. Metro Fare Collection & Facility Maintenance 6000 Metro Dr. Baltimore, MD 21215 Phone: (410) 454-7940 THE REMAINDEROF THIS PAGE IS INTENTIONALLYLEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Page I 27 MDG-18-0397-A-000455 5. Old Court Facilities Maintenance 4380 Old Court Rd. Pikesville, MD 21208 Phone: (410) 454-1821 C. Light Rail Facilities 1. Light Rail- North Ave. 344 W. North Ave. Baltimore, MD 21217 Phone: (410)454-7517 2. Light Rail- Trailers 344 W. North Ave. Baltimore, MD 21217 Phone: (410) 454-7616 3. Light Rail- Cromwell 7390 Baltimore Annapolis Blvd. Glen Burnie, MD 21061 Phone: (410) 766-7512 or (410) 454-7617 D. MARC Train Stations 1. Aberdeen 18 E. Bel Air Ave. @ US Rte. 40East Aberdeen, MD 21001 2. BWI Thurgood Marshall Airport Amtrak Way Linthicum, MD 21240 3. Edgewood 2127 Old Edgewood Rd. Edgewood, MD 21040 4. Halethorpe 5833 Southwestern Blvd. Baltimore, MD 21227 5. Odenton 1400 Odenton Rd. Odenton, MD 21 113 6. Perryville 650 Broad St. Baltimore, MD 21903 7. Marlin Airport 2710 Eastern Blvd. Middle River, MD 21220 THE REMAINDER OF TIDS PAGE IS INTENTIONALLY LEFf BLANK. AGY-18-004-MT MTA Pest and RodentControl Page I 28 MDG-18-0397-A-000456 I3.3 3.3.1 I3.4 Secu1·ityRequirements Employee Identification (a) Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on State premises. Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification. (b) At all times at any facility, the Contractor's personnel shall cooperate with State site requirementsthat include but are not limited to being prepared to be escorted at all times, providing information for badge issuance, and wearing the badge in a visible location at all times. Insurance Requirements 3.4.1 The Contractor shall maintain Gom1m;rcialGeneral Liability Insurance to cover losses resulting from, or arising out-of, Contractor action or'inactioh·in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors,with a limit of $5,000,000 per occurrence and $2,000,000 aggregate. 3.4.2 The Contractor shall maintain Automobileand/or Commercial Truck Insurance as appropriatewith Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland. 3.4.3 The Contractor shall maintain Crime Insurance to cover employee theft with minimum single loss limit of $1,000,000 per loss, and a single loss retention not to exceed $10,000. 3.4.5 Within five Business Days ofrecommendation for Contract award, and before any work begins, the Contractor shall provide the Procurement Officer with current certificates of insurance, and shall update such certificates periodically, but no less than annually in multi-year contracts, as directed by the Contract Monitor. Such copy of the Contractor's current certificate of insurance shall contain at minimum the following: a. Workers' Compensation-The Contractorshall maintain such insurance as necessary and/or as required under Workers' CompensationActs, the Longshoreand Harbor Workers' CompensationAct, and the Federal Employers' Liability Act. b. Commercial General Liability as required in Section 3.4.1. c. Automobile and/or CommercialTruck Insurance as required in Section 3.4.2. d. Crime Insurance as required in Section3.4.3. 3.4.6 The "State of Maryland, its officers, employeesand agents" shall be listed as an additional insured on any Commercial General Liability, Auto Liability, Professional/CyberLiability, and excess liability or umbrella policies with the exception of Worker's CompensationInsurance, which is currently handled by the Chesapeake Employer's Insurance Company(f01merlyInjured Worker's Insurance Fund). All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 30 days' advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least 15 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies. AGY-18-004-MT MTA Pest nnd Rodent Control Pngc 129 MDG-18-0397-A-000457 3.4.7 I3.5 3.5.1 The Contractor shall require that any subcontractorsproviding primary services (as opposed to non-critical, ancillary services) under this Contract obtain and maintain the same levels of insurance and shall provide the Contract Monitor with the same documentation as is required of the Contractor. Problem Escalation Procedure The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the perfonnance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes. The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel, as directed should the Contract Monitor not be available. 3.5.2 The Contractor must provide the PEP no later than ten ( 10) Business Days after Contract Commencement. The PEP, including any revisions thereto, must also be provided within ten ( 10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstancewhich changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include: • • • • • • • The process for establishing the existence of a problem; Names, titles, and contact information for progressively higher levels of personnel in the Contractor's organizationwho would become involved in resolving a problem; For each individual listed in the Contractor's PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor's PEP; Expedited escalation procedures and any circumstances that would trigger expedited escalation procedures; The method of providing feedback on resolution progress, including the frequencyof feedback to be provided to the State; Contact infonnation for persons responsible for resolving issues after nonnal business hours (e.g., evenings, weekends, holidays, etc.) and on an emergencybasis; and A process for updating and notifying the Contract Monitor of any changes to the PEP. Nothing in this section shall be construed to limit any rights of the Contra.ctMonitor or the State which may be allowed by the Contract or applicable law. I3.6 3.6.1 Invoicing General (a) All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor. All invoices shall include the following information: • • • • • AGY-18-004-MT Contractor name and address; Remittance address; Federal taxpayer identification number (or if sole proprietorship,the individual's social security number); Invoice period (i.e. time period during which services covered by invoice were performed); Invoice date; MTA Pest and Rodent Control Page 130 MDG-18-0397-A-000458 • • • • • Invoice number; State assigned Contract number; State assigned (Blanket) Purchase Order number(s); Goods or services provided; and Amount due. Invoices submitted without the required infonnation cannot be processed for payment until the Contractor provides the required infonnation. (b) 3.6.2 The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the tenns and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Also see the "Living Wage" provision of the Contract, if applicable, which allows for withholding of payment under certain circumstances. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article§§ 15-215 through 15-223 and with COMAR21.10.02. Invoice Submission Schedule The Contractor shall submit an accurate, detailed, and complete (accompanied by all required support documentation) invoice for all services rendered no later than fifteen (15) days after the completion of services. 1· 3.7 .. End pf Contract Transition The Contractor shall cooperate in the orderly transition of services from the Contract awarded under this solicitation to any subsequent contract for similar services. The transition period shall begin ninety (90) days before the Contract end date, or the end date of any final exercised option or contract extension. The Contractor shall work toward a timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract prompt and Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of Contract. THE REMAINDER OF TIDS PAGE IS INTENTIONALLYLEFT BLANK AGY-18-004-MT MTA Pest and Rodent Control Page I 31 MDG-18-0397-A-000459 SECTION 4- BID FORMAT I4.1 One Part Submission Bidders shall submit with their Bid all Minimum Qualification docwnentation required (see Section 2), and all Required Bid Submissions (see Section 4.4) in a single sealed package/envelope. 14.2 Labeling Each Bidder is required to label the sealed Bid. The Bid shall bear the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids. 14.3 Bid Price Form The Bid shall contain all price infonnation in the fonnat specified on the Bid Fonn (Attachment E). Complete the Bid Fonn only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department. Required Bid Submissions Bidders shall include the following with their Bid: 4.4.1 Transmittal Letter: A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid and acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the services and requirements as stated in this IFB. The Transmittal Letter should include the following: • • • • • • • • • Name and address of the Bidder; Name, title, e-mail address, and telephone number of primary contact for the Bidder; Solicitation Title and Solicitation Number that the Bid is in response to; Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid; Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual's Social Security Number (SSN); Bidder's eMM number; Bidder's MBE certification number (if applicable); Acceptance of all State IFB and Contract tenns and conditions (see Section 1.24); and Acknowledgement of all addenda to this IFB. Any infonnation which is claimed to be confidential is to be noted by reference and included after the Transmittal Letter. An explanation for each claim of confidentiality shall be included (see Section 1.14 "Confidentiality of Bids"). AGY-18-004-MT MTA Pest nod Rodent Control Page 132 MDG-18-0397-A-000460 In addition, the Transmittal Letter shall indicate whether the Bidder is the subsidiary of another entity, and if so, whether all information submitted by the Bidder peitnins exclusively to the Bidder. If not, the subsidiary Bidder shall include a guarantee of performance from its parent organization as part of its Executive Summary (see RFP Section 1.22 for more information). 4.4.2 Minimum Qualifications Documentation: The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in Section 2 "Bidder Minimum Qualifications." 4.4.3 Completed Required Attachments: Submit three (3) copies of each with original signatures: a. b. c. 4.4.4 Completed Bid Fonn (Attachment E). Completed BicVProposalAffidavit (AttachmentB). Completed Maryland Living Wage RequirementsAffidavit of Agreement (Attachment F-1). Additional Documents *If Required: Submit three (3) copies of each with original signatures, ifrequired. * See .appropriateIFB Section to detennine whether the document is required for this procurement: a. A Signed Statement from the Bidder's Parent Organization Guaranteeing Performance of the Bidder. *see Section 1.22 Completed Conflict of Interest Affidavit and Disclosure (Attachment G) *see Section 1.36. b. 4.4.5 References: At least three references are requested from customers who are capable of documenting the Bidder's ability to provide the services specified in this IFB. References used to meet any Bidder Minimum Qualifications (see Section 2) may be used to meet this request. Each reference shall be from a client for whom the Bidder has provided services within the past five years and shall include the fottowing information: a. b. Name of client organization; Name, title, telephone number, and e-mail address, if available, of point of contact for client organization; and Value, type, duration, and description of services provided. c. The Department reserves the right to request additional references or utilize references not provided by a Bidder. 4.4.6 List of Current or Prior State Contracts: Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing services or for which services have been completed within the last five years. For each identified contract, the Bidder is to provide: a. b. c. d. e. f. The State contracting entity; A brief description of the services/goods provided; The dollar value of the contract; The term of the contract; The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and Whether the contract was tenninated before the end of the term specified in the original contract, including whether any available renewal option was not exercised. AGY-18-004-MT MTA Pest nnd RodentControl Page 133 MDG-18-0397-A-000461 Information obtained regarding the Bidder's level of performance on State contracts will be considered as part of the responsibility detennination by the Procurement Officer. 4.4.7 Certificate of Insurance: The Bidder shall provide a copy of the Bidder's current certificate of insurance. The recommended awardee must provide a certificate of insurance with the prescribed limits set forth in Section 3.4 "Insurance Requirements," naming the State as an additional insured if required, within five Business Days from notification by the Procurement Officer that the Bidder has been determined to be the apparent awardee. 4.4.8 Subcontractors: The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder receives an award, including those utilized in meeting the MBE and/or VSBE subcontracting goal, if applicable. This list shall include a full description of the duties each subcontractor will perform. 4.4.9 Legal Action Summary: This summary shall include: i. ii. iii. iv. I4~5 . A statement as to whether there are any outstanding legal actions or potential claims against the Bidder and a brief description of any action; A brief description of any settled or closed legal actions or claims against the Bidder over the past five years; A description of any judgments against the Bidder within the past five years, including the case name, number court, and what the final ruling or detennination was from the court; and In instances where litigation is ongoing and the Bidder has been directed not to disclose information by the court, provide the name of the judge and location of the court. I R~ciprocal Preference . Although Maryland law does not generally authorize procuring units to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. Therefore, COMAR 21.05.01.04 permits procuring units to apply a reciprocal preference in favor of a Maryland resident business under the following conditions: • • • • The Maryland resident business is a responsible Bidder; The most advantageous Bid is from a responsible Bidder whose principal office or principal operations through which it would provide the services required under this IFB is in another state; The other state gives a preference to its resident businesses through law, policy, or practice; and The Maryland resident preference does not conflict with a federal law or grant affecting the procurement Contract. The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses. 14.6 Delivery Bidders may either mail or hand-deliver Bids. AGY-18-004-MT MTA Pest nndRodent Control Page I 34 MDG-18-0397-A-000462 4.6.1 For U.S. Postal Service deliveries,any bid that has been received at the appropriatemail room, or typical plnce of mail receipt for the respectiveprocuringunit by the time and date listed in the IFB will be deemed to be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Departmentrecommendsthat it use Express Mail, Priority Mail, or CertifiedMail only as these are the only fonns for which both the date and time of receipt can be verified by the Department. It could take several days for an item sent by first class mail to make its way by normal internal mail to the procuringunit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom. 4.6.2 Hand-deliveryincludes deliveryby commercialcarrier acting as agent for the Bidder. For any type of direct (non-mail)delivery, a Bidder is advised to secure a dated, signed, and time-stamped(or otherwiseindicated) receipt of delivery. l 4.7 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendationfor ContractAward, the following documents shall be completed and submittedby the recommendedawardee within five Business Days, unless noted otherwise. Submit three (3) copies of each with original signatures. a. b. c. d. signed Contract (Attachment A), completed Contract Affidavit (Attachment C), signed Non-DisclosureAgreement (Attachment H), if applicable; *see Section 1.37, and copy of a Certificate of Insurance with the prescribedlimits set forth in Section 3.4 "Insurance Requirements,"listing the State as an additionalinsured, if applicable; *see Section 3.4. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. AGY-18-004-MT MTA Pest and Rodent Control Pngc 135 MDG-18-0397-A-000463 IFB ATTACHMENTS ATTACHMENT A-Contract This is the sample contract used by the Department. It is provided with the IFB for informational purposes and is not required to be submitted at Bid submission time. Upon notification of recommendation for award, a completed contract will be sent to the recommended awardee for signature. The recommended awardee must rehrrn to the Procurement Officer three executed copies of the Contract within five Business Days after receipt. Upon Contract award, a fully-executed copy will be sent to the Contractor. ATTACHMENT B- Bid/Proposal Affidavit This Attachment must be completed and submitted with the Bid. ATTACHMENT C- Contract Affidavit This Attachment must be completed and submitted by the recommended awardee to the Procurement Officer within five Business Days ofreceiving notification ofrecommendation for award. ATTACHMENT D - Pre-Bid Conference Response Form It is requested that this form be completed and submitted as described in Section 1.7 by those potential Bidders that plan on attending the Pre-Bid Conference. ATTACHMENT E- Bid Form Instructions and Bid Fo1·m The Bid Form must be completed and submitted with the Bid. ATTACHMENT F - Conflict of Interest Affidavit and Disclosure If required (see Section 1.36), this Attachment must be completed and submitted with the Bid. ATTACHMENT G- Non-Disclosul'e Agreement If required (see Section 1.37), this Attachment must be completed and submitted within five Business Days of receiving notification ofrecommendation for award. However, to expedite processing, it is suggested that this do.cument be completed and submitted with the Bid. AGY-18-004-MT MTA Pest and RodentContt·ol Page I 36 MDG-18-0397-A-000464 ATTACHMENT A- CONTRACT MTA PEST AND RODENT CONTROL THIS CONTRACT (the "Contract") is made this ("Xm,, ) day of (month), (year) by and between (Contractor's name) and the STATE OF MARYLAND, acting through the Maryland Transit Administration (MTA). In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of which is duly acknowledged by the parties, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated: 1.1 "Bid" means the Contractor's Bid dated (Bid date). 1.2 "COMAR" means Code of Maryland Regulations. 1.3 "Contract" means this agreement between (Contractor's name) and the State of Maryland, acting through the Maryland Transit Administration (MT A). 1.4 "Contract Monitor" means the Department employee identified in Section 1.6 of the IFB as the Contract Monitor. 1.5 "Contractor" means (Contractor's name) whose principal business address is (Contractor's primary address) and whose principal office in Maryland is (Contractor's local address). 1.6 "Department" means the Maryland Transit Administration (MTA). 1.7 "IFB" means the Invitation for Bids for MTA Pest and Rodent Control Solicitation# AGY-18-004-MT, and any addenda thereto issued in writing by the State. 1.8 "Procurement Officer" means the Department employee identified in Section 1.5 of the IFB as the Procurement Officer. 1.9 "State" means the State of Maryland. 2. Scope of Contract 2.1 The Contractor shall provide deliverables, programs, goods, and services specific to the Contract for pest and rodent control in the various buildings, offices, and vehicles within MTA awarded in accordance with Exhibits A-C listed in this section and incorporated as part of this Contract. If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall detennine the prevailing provision: Exhibit A - The IFB Exhibit B- State Contract Affidavit, executed by the Contractor and dated (date of Attachment C) Exhibit C - The Bid 2.2 The Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the Contract or the IFB. No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or AGY-18-004-MT MTA Pest and RodentControl Page 137 MDG-18-0397-A-000465 decrease in the Contractor's cost of, or the time required for, the perfonnance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 2.3 While the Procurement Officer may, at any time, by written change order, make unilateral changes in the work within the general scope of the Contract as provided in Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing; (b) all parties sign the modification; and {c) all approvals by the required agencies as described in COMAR Title 21, are obtained. 3. Period of Performance. 3 .1 The tenn of this Contract begins on the date the Contract is signed by the Department following any required approvals of the Contract, including approval -by the Board of Public Works, if such approval is required. The Contractor shall provide services under this Contract as of the Go-Live date containedEe written Notice to Proceed. From this Go-Live date, the Contract shall be for a period of approximate!~ five ears beginning (anticipated Contract start date) and ending on (anticipated end date of base term of Co ract). 3.2 Audit, confidentiality, docw.nent retention, and indemnification obligations under this Contract shall survive expiration or termination of the Contract. 4. Consideration and Payment 4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the Department shall pay the Contractor in accordance with the tenns of this Contract and at the prices quoted in the Financial Proposal. 4.2 Payments to the Contractor shall be made no later than thirty (30) days after the Department's receipt of a proper invoice for services provided by the Contractor, acceptance by the Department of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services rendered must include the Contractor's Federal Tax Identification or Social Security Number for a Contractor who is an individual which is (Contractor's FEIN or SSN). Charges for late payment of invoices other than as prescribed at Md. Code Ann., State Finance and Procurement Article, § 15-104 are prohibited. Invoices shall be submitted to the Contract Monitor. Electronic funds transfer shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due Contractor unless the State Comptroller's Office grants Contractor an exemption. 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perfonn in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4.4 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract. 4.5 Contractor's eMarylandMarketplace vendor ID number is (Contractot·'s eMM number). AGY-18-004-MT MTA Pest nnd RodentControl Pagel38 MDG-18-0397-A-000466 5. Rights to Records 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of the State and shall be available to the State at any time. The State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a deliverable under this Contract, and services performed under this Contract shall be "works made for hire" as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will cooperate reasonably with the State in effectuating and registering any necessary assignments. 5 .3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract. 5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 5.5 Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6. Exclusive Use 6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, information, documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the Contractor in connection with this Contract. If any material, including software, is capable of being copyrighted, the State shall be the copyright owner and Contractor may copyright material connected with this project only with the express written approval of the State. 6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other information or material provided to Contractor by the Department or developed by Contractor relating to the Contract, except that Contractor may provide said information to any of its officers, employees and subcontractors who Contractor requires to have said infonnation for fulfillment of Contractor's obligations hereunder. Each officer, employee and/or subcontractor to whom any of the Department's confidential information is to be disclosed shall be advised by Contractor of and bound by confidentiality and intellectual property terms substantively equivalent to those of this Contract. 7. Patents, Copyrights, nnd Intellectual Property 7.1 If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary pennission or license to pennit the State to use such item or items. 7.2 The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any such item furnished by the Contractor infringes any patent, trademark, service mark, copyright, or trade secret. If a third party claims that a product infringes that party's patent, tmdemark, service mark, trade secret, or copyright, the Contractor will defend the State against that claim at Contractor's expense and will pay all damages, costs, and attorneys' fees that a court finally awards, provided the State: (a) promptly AGY-18-004-MT MTA Pest nnd Rodent Control Page j 39 MDG-18-0397-A-000467 notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in addition to those stated in Section 7.3 below. 7.3 If any products furnished by the Contractor become, 01· in the Contractor's opinion are likely to become, the subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the right to continue using the applicable item; (b) replace the product with a non-infringing product substantially complying with the item's specifications; or (c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item. 8. Confidential or Proprietary Information and Documentation 8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without limitation, HIPAA, the HI-TECH ACT, and the Maryland Medical Records Act and the implementation ofregulations promulgated pursuant thereto, all confidential or proprietary information and documentation relating to either party (including without limitation, any information or data stored within the Contractor's computer systems) shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose relevant confidential information to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of their duties under this Contract, provided that the data may be collected, used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of this section shall not apply to information that: (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of this Contract; (c) was already in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) which such party is required to disclose by law. 8.2 This Section 8 shall survive expiration or termination of this Contract. 9. Loss of Data In the event of loss of any State data or records where such loss is due to the intentional act or omission or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Contract Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor. Contractor shall use its best efforts to assure that at no time shall any actions undertaken by the Contractor under this Contract (or any failures to act when Contractor has a duty to act) damage or create any vulnerabilities in data bases, systems, platfonns, ancVorapplications with which the Contractor is working hereunder. 10. Indemnification 10.1 The Contractor shall hold hannless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys' fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperfonnance of the Contractor or its subcontractors under this Contract. 10.2 This indemnification clause shall not be construed to mean that the Contractor shall indemnify the State against liability for any losses, damages, claims, suits, actions, liabilities, ancVorexpenses that are attributable to the sole negligence of the State or the State's employees . 10.3 The State has no obligation to provide legal counsel or defense to the Contractor or its subcontractors in the event that a suit, claim, or action of any character is brought by any person not party to this Contract against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. AGY-18-004-MT MTA Pest nndRodent Control Pnge I 40 MDG-18-0397-A-000468 10.4 The Slate has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's performance under this Contract. 10.5 The Contractor shall immediately notify the Procurement Officer of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from, or relating to, the Contractor's obligations under the Contract, and will cooperate, assist, and consult with the State in the defense or investigation of any claim, suit, or action made or filed against the State as a result of, or relating to, the Contractor's performance under this Contract. 10.6 This Section 10 shall survive termination of this Contract. 11. Non-Hiring of Employees No official or employee of the State, as defined under Md. Code Ann., General Provisions Article,§ 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and term of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract. 12. Disputes This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21. l O(Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 13. Maryland Law 13.1 This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland. 13.2 The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland), does not apply to this Contract or to any purchase order or Notice to Proceed issued under this Contract, or any software, or any software license required hereunder. 13.3 Any and all references to the Maryland Code, Annotated contained in this Contract shall be construed to refer to such Code sections as are from time to time amended. 14. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry, genetic infonnat,ion, or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the perfonnance of the employment, or the individual's refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 15. Contingent Fee Prohibition AGY-18-004-MT MTA Pest and Rodent Control Page I 41 MDG-18-0397-A-000469 The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract. 16. Non-availability of Funding If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future perfonnance of the Contract, but not from their rights and obligations existing at the time of tennination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 17. Termination for Cause If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State's option, become the State's property. The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages. Tennination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.1 lB. 18. Termination for Convenience The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract; provided, however, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2). 19. Delays and Extensions of Time The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays, interruptions, interferences, or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise 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 public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the perfonnance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of AGY-18-004-MT MTA Pest nnd Rodent Control Page 142 MDG-18-0397-A-000470 subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers. 20. Suspension of Work The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its perfonnance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State. 21. Pre-Existing Regulations In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract. 22. Financial Disclosure The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain specified infortnation to include disclosure of beneficial ownership of the business. 23. Political Contribution Disclosure The Contractor shall comply with Md . Code Ann., Election Law Aliicle, Title 14, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall, file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, n municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract wns awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) Febrnary 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. Additional information is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.hbnl. 24. Documents Retention and Inspection Clause The Contractor and subcontractors shall retain and maintain all records and docwnents relating to this Contract for a period of five years after final payment by the State hereunder or any applicable statute of limitations or federal retention requirements (such as HIPAA), whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. All records related in any way to the Contract are to be retained for the entire time provided under this section. In the event of any audit, the Contractor shall provide assistance to the State, without additional compensation, to identify, investigate, and reconcile any audit discrepancies and/or variances. This Section 24 shall survive expiration or termination of the Contract. 25. Rigbt to Audit 25.1 The State reserves the right, at its sole discretion and at any time, to perform an audit of the Contractor's AGY-18-004-MT MTA Pest and Rodent Control Pngc 143 MDG-18-0397-A-000471 and/or subcontractor's performance under this Contract. An audit is defined as a planned and documented independent activity perfonned by qualified personnel including but not limited to State and federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor's compliance with the Contract, including but not limited to adequacy and compliance with established procedures and internal controls over the Contract services being perfonned for the State. 25.2 Upon three (3) Business Days' notice, the Contractor and/or any subcontractors shall provide the State reasonable access to their respective records to verify confomiance to the terms of the Contract. The Department may conduct these audits with any or all of its own intemal resources or by securing the services of a third party accounting or audit firm, solely at the Department's election. The Department may copy, at its own expense, any record related to the services performed and provided under this Contract. 25.3 The right to audit shall include any of the Contractor's subcontractors including but not limited to any lower tier subcontractor(s) that provide essential support to the Contract services. The Contractor and/or subcontractor(s) shall ensure the Department has the right to audit such subcontractor(s). 25.4 The Contractor and/or subcontractors shall cooperate with Department and Department's designated accountant or auditor and shall provide the necessary assistance for the Department or Deprutment's designated accountant or auditor to conduct the audit. 25.5 This Section shall survive expiration or termination of the Contract. 26. Compliance with Laws The Contractor hereby represents and warrants that: 26.1 It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; 26.2 It is not in arrears with respect to the payment of any monies due and owing the State, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the tenn of this Contract; 26.3 It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and 26.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. 27. Cost and Price Certification By submitting cost or price information, the Contractor certifies to the best of its knowledge that the infonnation submitted is accurate, complete, and current as of the date of its Bid/Proposal. The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occuning because the Contractor furnished cost or price infonnation which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not current. AGY-18-004-MT MTA Pest and RodentControl Pnge144 MDG-18-0397-A-000472 28. Subcontracting; Assignment The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the Procurement Officer provided, however, that a Contractor may assign monies receivable under a contract after due notice to the State. Any subcontracts shall include such language as may be required in various clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered. The State shall not be responsible for fulfillment of the Contractor's obligations to its subcontractors. 29. Liability For breach of this Contract, negligence, misrepresentation, or any other contract or tort claim, Contractor shall be liable as follows: 29 .1 For infringement of patents, copyrights, trademarks, service marks, and/or trade secrets, as provided in Section 7 of this Contract; · 29.2 Without limitation for damages for bodily injury (including death) and damage to real property and tangible personal property; and 29.3 For all other claims, damages, losses, costs, expenses, suits, or actions in any way related to this Contract, regardless of the form Contractor's liability for third party claims arising under Section 10 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 10. 30. Commercial Nondiscrimination 30.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described at Md. Code Ann., State Finance and Procurement Article, Title 19. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. 30.2 The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause approved by the Department, in all subcontracts. 30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Md. Code Ann., State Finance and Procurement Article, Title 19, as amended from time to time, Contractor agrees to provide within sixty (60) days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial AGY-18-004--MT MTA Pest and Rodent Control Page j 45 MDG-18-0397-A-000473 Nondiscrimination Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in contract tennination, disqualification by the State from participating in State contracts, and other sanctions. 31. Prompt Pay Requirements 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Deparlment, at its option and in its sole discretion, may take one or more of the following actions: a b. c. d. e. 31.2 An "undisputed amount" means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such "undisputed amounts" include, without limitation: a. b. 31.3 Not process further payments to the contractor until payment to the subcontractor is verified; Suspend all or some of the contract work without affecting the completion date(s) for the contract work; Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due; Place a payment for an undisputed amount in an interest-bearing escrow account; or Take other or further actions as appropriate to resolve the withheld payment. Retainage which had been withheld and is, by the terms of the Contract between the Contractor and subcontractor, due to be distributed to the subcontractor; and An amount withheld becnuse of issues arising out of a Contract or occurrence unrelated to the Contract under which the amount is withheld An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a withheld payment between the Contractor and a subcontractor under this provision, may not: a. b. c. Affect the rights of the contracting parties under any other provision oflaw; Be used as evidence on the merits of a dispute between the Department and the contractor in any other proceeding; or Result in liability against or prejudice the rights of the Department. 31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise (MBE) program. 31.5 To ensure compliance with certified MBE subcontract participation goals, the Department may, consistent with COMAR 21.11.03.13,take the following measures: a. b. c. AGY-1~04-MT Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation as set forth in the MBE participation schedule. This verification may include, as appropriate: 1. Inspecting any relevant records of the Contractor; ii. Inspecting the jobsite; and iii. Interviewing subcontractors and workers. iv. Verification shall include a review of: (a) The Contractor's monthly repot1 listing unpaid invoices over thirty (30) days old from certified MBE subcontractors and the reason for nonpayment; and (b) The monthly report of each certified MBE subcontractor, which lists payments received from the Contractor in the preceding thirty (30) days and invoices for which the subcontractor has not been paid. If the Department determines that the Contractor is not in compliance with certified MBE participation goals, then the Department will notify the Contractor in writing of its findings, and will require the MTA Pest and Rodent Control Page 146 MDG-18-0397-A-000474 cl e. 32. Contractor to take appropriate corrective action. Corrective action may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule. If the Department determines that the Contractor is in material noncompliance with MBE contract provisions and refuses or fails to take the corrective action that the Department requires, then the Department may: i. Terminate the contract; ii. Refer the matter to the Office of the Attorney General for appropriate action; or iii. Initiate any other specific remedy identified by the contract, including the contractual remedies required by any applicable laws, regulations, and directives regarding the payment of undisputed amounts. Upon completion of the Contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from, MBE subcontractors. Living Wage If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the agency may withhold payment of any invoice or retainage. The agency may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 33. Variations in Estimated Quantities Unless specifically indicated otherwise in the State's solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the Department does not guarantee a minimum or maximum number of units or usage in the perfonnance of this Contract. 34. Contract Monitor and Procurement Officer The work to be accomplished under this Contract shall be performed under the direction of the Contract Monitor. All matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for detennination. 35. Notices All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows: If to the State: Cheryll Brewton Procurement Officer 6 St. Paul Street, 7~' Floor Baltimore, MD 21202 Phone: 410-767-3446 Email: cbrewton@mta.maryland.gov If to the Contractor: AGY-18-004-MT MTA Pest and Rodent Control Pngel47 MDG-18-0397-A-000475 36. Liquidated Damages 3 6.1 The Contract requires the Contractor to make good faith efforts to comply with the Minority Business Enterprise ("MBE") Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur economic damages and losses, including, but not limited to, loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and pertinent MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult or impossible to ascertain with precision and that liquidated damages represent a fair, reasonable, and appropriate estimation of damages. Upon a detennination by the State that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or pertinent MBE Contract provisions and without the State being required to present any evidence of the amount or character of actual damages sustained, the Contractor agrees to pay liquidated damages to the State at the rates set forth below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. The Contractor expressly agrees that the State may withhold payment on any invoices as an offset against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed-upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of each violation. 36.1.1 Failure to submit each monthly payment report in full compliance with COMAR 21.l l.03.13B(3): $ (dollar amount) per day until the monthly report is submitted as required. 36.1.2 Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR21.1 l.03.13B(4): $(dollar amount) per MBE subcontractor. 36.1.3 Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract. 36.1.4 Failure to meet the Contractor's total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved. 36.1.5 Failure to promptly pay all undisputed amounts to a subcontractor in full compliance with the prompt payment provisions of the Contract: $(dollar amount) per day until the undisputed amount due to the subcontractor is paid. 36.2 Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and to exercise any and all other rights or remedies which may be available under the Contract or which otherwise may be available at law or in equity. 37. Parent Company Guarantee (Corporate name of Contractor's Parent Company) hereby guarantees absolutely the full, prompt, and complete performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connection with this Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractor's Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express AGY-18-004-MT MTA Pest nndRodentControl Pngel48 MDG-18-0397-A-000476 written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute subjective discretion. (Corporate name of Contractor's Parent Company) further agrees that if the State brings any claim, action, suit or proceeding against (Contractor), (Corporate name ofContractol''s Parent Company) may be named as a party, in its capacity as Absolute Guarantor. 41. Miscellaneous 41.1 Any provision of this Contract which contemplates performance or observance subsequent to any tennination or expiration of this Contract shall survive termination or expiration of this Contract and continue in full force and effect. 41.2 If any term contained in this Contract is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such tenn shall be severed from this Contract, and the remaining terms contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or disturbed thereby. IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth. CONTRACTOR STATE OF MARYLAND MARYLANDTRANSIT ADMINISTRATION By: By: Michael Zimmerman, Director of Procurement Or designee: Date Date Approved for form and legal sufficiency this _ _ day of _____ , 20_ . Assistant Attorney General APPROVED BY BPW: _____ _ (Date) AGY-18-004-MT (BPW Item#) MTA Pest nnd Rodent Control Pnge149 MDG-18-0397-A-000477 ATTACHMENT B-BID/PROPOSAL AFFIDAVIT A. AUTHORITY [ hereby affirm that[, ______ (name of affiant) am the _ _ _ ___ {title) and duly authorized representative of ______ (name of business entity) and that l possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATfON REGARDING COMMERCIALNONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following infonnation is correct: In preparing its Bid/Proposal on this project, the Bidder/Offerorhas considered all Proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination"as defined in§ 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland: "Discrimination"means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, or on the basis of disability or any otherwise unlawful use of characteristicsregarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offerer discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State's Commercial NondiscriminationPolicy as described under Title 19 of the State Finance and ProcurementArticle of the Annotated Code of Maryland, B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned Bidder/Offerer hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2),Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/Proposal and: {1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority Proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/Proposal; (3) Fail to use the certified minority business enterprise in the perfonnnnce of the contract; or (4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal. Without limiting any other provision of the solicitation on this project, it is tmderstood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. B-2. CERTIFICATION REGARDING VETERAN-OWNEDSMALL BUSINESS ENTERPRISES. AGY-18-004-MT MTA Pest nod RodentControl Page I 50 MDG-18-0397-A-000478 The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not: (1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title; (2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contract; (3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent ot .false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or (6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of§ B-2(I )-(5) of this regulation. C. AFFIRMATION REGARDINGBRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy knowledge, infonnation, and belief, the above business (as is defined in Section 16lOl(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) ofperson(s) involved, and their current positions and responsibilities with the business): D. AFFIRMATION REGARDINGOTHER CONVICTIONS I FURTI-IERAFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Page 151 MDG-18-0397-A-000479 Neither I, nor to the best of my knowledge, infonnation, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or perfonning contracts with public bodies, has: (1) Been convicted under state or federal statute of: (a) A criminal offense incident to obtaining, attempting to obtain, or performinga public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsification or destruction ofrecords or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposalsfor a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law,§ 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of§ 11-205.1 of the State Finance and ProcurementArticle of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)-(5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the CommercialNondiscriminationPolicy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) §7201, Attempt to Evade or Defeat Tax; (b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Infonnation, (d) §7205,Fraud and False Statements, or (e) §7207, Fraudulent Retums, Statements, or Other Documents; ( I0) Been convicted of a violation of 18 U.S.C. §286, Conspiracy to Defraud the Governmentwith Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States; (11) Been convicted ofa violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland; AGY-18-004-MT MTA Pest and Rodent Contt·ol Page 152 MDG-18-0397-A-000480 (12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; or (15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(l}-(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, nnd the status of any debannent): AGY-18-004-MT MTA Pest and Rodent Control Page 153 MDG-18-0397-A-000481 E. AFFIRMATIONREGARDINGDEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information,and belief, the above business, or any of its officers, directors, partners, controlling stockholders,or any of its employees directly involved in the business's contracting activities, including obtaining or perfonning contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation)by any public entity, except as follows (list each debarment or suspensionproviding the dates of the suspensionor debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilitieswith the business, the grounds of the debarment or suspension,and the'details of each person's involvementin any activity that fonned the grounds of the debarment or suspension). F. AFFIRMATIONREGARDINGDEBARMENTOF RELATEDENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the applicationofor defeat the purpose of debarment pursuant to Sections 16-101,et seq., of the State Finance and ProcurementArticle of the Annotated Code of Maryland; and (2) TI1ebusiness is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmationscannot be given without qualification): G. SUBCONTRACTAFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy lmowledge,information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly,supplies, services, architectural services, constructionrelated services, leases of real property, or construction. AGY-18-004~MT MTA Pest and Rodent Control Pngel54 MDG-18-0397-A-000482 H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best ofmy knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/Proposal that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/Proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/Proposal is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the busines·s has ·paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENTFEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. CERTIFICATIONREGARDING INVESTMENTS IN IRAN (1) The undersigned certifies that, in accordance with State Finance and Procurement Article,§ 17-705, Annotated Code of Maryland: (a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, § 17-702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland. 2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities: __ __ ___ _ _ _ _ __ ____ __ _ _ _ _ _ L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS) I FURTHER AFFIRM THAT: AGY-18-004-MT MT A Pest and Rodent Conti·ol Pngc I 55 MDG-18-0397-A-000483 The business has complied with the provisions of State Finance and ProcurementArticle, § 14-413, Annotated Code of Maryland governingproper disclosure of certain informationregarding conflict minerals originating in the DemocraticRepublic of Congo or its neighboring countries as required by federal law. M. I FURTHER AFFIRM THAT: Any claims of environmentalattributes made relating to a product or service included in the Bid or Proposal are consistentwith the Federal Trade Commission's Guides for the Use of EnvironmentalMarketing Claims as provided in 16 CFR §260, that apply to claims about the environmentalattributes of a product, package, or service in connectionwith the marketing, offering for sale, or sale of such item or service. N. ACKNOWLEDGEMENT I ACKNOWLEDGETHAT this Affidavit is to be furnished to the ProcurementOfficer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisionsof the State of Maryland; (3) other states; and (4) the federal government.I further acknowledgethat this Affidavit is subject to applicablelaws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submissionof this Bid/Proposalshall be construed'to supersede, amend,modify or waive, on behalf of the State of Maryland,or any unit of the State of Maryland havingjurisdiction, the exercise of any statutory right or remedy conferredby the Constitutionand the laws of Marylandwith respect to any misrepresentationmade or any violation of the obligations,terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprisingpart of the contract. I DO SOLEMNLYDECLARE AND AFFIRM UNDER THE PENALTIESOF PERJURY THAT THE CONTENTS OF THIS AFFIDAVITARE TRUE AND CORRECTTO THE BEST OF MY KNOWLEDGE,INFORMATION, AND BELIEF. Date: _________ _ By: _______________ _______________ (print name of AuthorizedRepresentativeand Affiant) (signature of AuthorizedRepresentativeand Affiant) SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL AGY-18-004-MT MTA Pest and Rodent Control Pngel56 MDG-18-0397-A-000484 ATTACHMENT C- CONTRACT AFFIDAVIT A. AUTHORITY I hereby affirm that I, ______ (name of affiant) am the ______ (title) and duly authorized representative of ______ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION OF REGISTRATIONOR QUALIFICATIONWITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRMTIIAT: The business named above is a (check applicable box): • . ' ' .:.. :: ,: (1) Corporationdomestic or D foreign; (2) Limited Liability Companydomestic or D foreign; • (3) Partnership - D domestic or D foreign; (4) Statutory Trust domestic or D foreign; (5) D Sole Proprietorship. • and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name '!l!ldaddress of its resident agent (IF APPLICABLE)filed with the State Department of Assessments and Taxation is: Name and Department ID Number:________ _ __ _ Address: _ __ _______ ___ _ and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as: Name and Department ID Number:____________ Address:____________ _ C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, § 13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSUREAFFIRMATION I FURTHER AFFIRM THAT: AGY-18-004-MT MTA Pest and Rodent Control Page I 57 MDG-18-0397-A-000485 I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a procurement with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period ending July 31. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head's designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in conneqtion with the law enforcement agency's undercover operations.) I CERTIFY THAT: (I) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification. (2) By submission of its Bid/Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contrnct; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable infonnati.on that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) (ii) (iii) (iv) The dangers of drug and alcohol abuse in the workplace; The business's policy of maintaining a drug and alcohol free workplace; Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statementrequired by §E(2)(b), above; (h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: AGY-18-004-MT MTA Pest nndRodentControl Pnge j 58 MDG-18-0397-A-000486 (i) (ii) Abide by the terms of the statement; and Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise ~eceiving actual notice of a conviction; G) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) (ii) Take appropriate personnel action against an employee, up to and including termination; or Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free wol'kplace through implementation of §E(2)(a)-U), above. (3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the perfonnance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or tenninate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debannent of the business under COMAR 21.08.03. F. CERTArN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best ofmy knowledge, infonnation, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated ____ , 20 l_ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECTTO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: _____ By: _ ----------- (printed name of Authorized Representative and Affiant) ______________ (signature of Authorized Representative and Affiant) AGY-18-004-MT MTAPest and Rodent Control Page I 59 MDG-18-0397-A-000487 ATTACHMENT E - BID PRICING INSTRUCTIONS In order to assist Bidders in the preparation of their Bid and to comply with the requirements of this solicitation, Bid Pricing Instmctions and a Bid Form have been prepared. Bidders shall submit their Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Form or the Bid Form may be rejected. The Bid Fann is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form. The Bid Form is used to calculate the Bidder's TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Fonn: A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct. B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner. C) All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35. D) AnYgoods or services required through · this!IFB and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00. E) Every blank in every Bid Form shall be filled in. Any blanks may result in the Bid being regarded as nonresponsive and thus rejected. Any changes or corrections made to the Bid Form by the Bidder prior to submission shall be initialed and dated . F) Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions usually render the Bid nonresponsive, which means it will be rejected. G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03E and 21.05.02 . 12, and may cause the Bid to be rejected. H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and will comply with all terms and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the IFB at the prices entered in the Bid Form. I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor . If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid. J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically estimates for bidding purposes only . The Department does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. K) Failure to adhere to any of these instructions may result in the Bid being detennined non-responsive and rejected by the Department. AGY-18-004-MT MTA Pest and Rodent Control Page 161 MDG-18-0397-A-000488 ATTACHMENT E-BID FORM BID FORM The Bid shall contain all price info1mation in the fonnat specified on these pages. Complete the Bid Form only ns provided in the Bid Pricing Instructions . Do not amend, alter or leave blank any items on the Bid Form. If option years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in the bid being determined non-responsive and rejected by the Department. Bidders shall submit their Bid(s) on the Bid Fonn(s) attached in MS Excel. This Solicitation consists of two separate Bid Fonns: Bid Form #1 and Bid Form #2. Bidders have the opportunity to bid on the information provided on any or both of the attached Bid Forms. A. Bid Fonu #1 consists of all infonnation provided in this solicitation pertaining to: 1. Bus Facilities Maintenance 2. Bus Maintenance B. Bid Fonn #2 consists of all information provided in this solicitation pertaining to: I. MARC Train 2. METRO Rail 3. Light Rail Submitted By: Authorized Signature : ________ _ ___________ Date: ___ _ _ _ _ _ _ _ Printed Name and Title:-------------------------------Bidder Name Bidder Address:--------------------------------Location(s) from which services will be performed (City/State): _________________ FEIN:_________________ eMM # _____________ Bidder Contact Information: Telephone: (_) E-mail: AGY-18-004-MT - ----- __ Fax: L__) __ - ______ -- ______ --- _ ---- MTA Pest nnd Rodent Control ----- - ---- _ _ -- - Page 162 MDG-18-0397-A-000489 ATTACHMENT F-LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS Living Wage Requirements for Service Contracts A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner) . The Living Wage generally applies to a Contractor or Subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-half of the employee's time during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) (2) (3) C. A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000. A Subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) Employs 10 or fewer employees and performs :work on a State contract for services valued at less than $500,000, or (c) Performs work for a Contractor not covered by the Living Wage Law as defined in B(l)(b) above, or B(3) or C below. Service contracts for the following: (a) Services with a Public Service Company; (b) Services with a nonprofit organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement ("Unit"); or (d) Services between a Unit and a County or Baltimore City. If the Unit responsible for the State contract for services detennines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. AGY-18-004-MT MTA Pest and Rodent Control Pngc I 63 MDG-18-0397-A-000490 D. A Contractor must not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18. E. Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner . F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry's website. An employer subject to the Living Wage Law must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate. G. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, § 18-103( c), shall not lower an employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's share of health insurance premium shall comply with any record reporting requirements established by the Commissioner. H. A Contractor/Subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and Procurement Article, §18-103(a), by no more than 50 cents of the hourly cost of the employer's contribution to an employee's deferred compensation plan. A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer's contribution to an employee's deferred compensation plan shall not lower the employee's wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413. I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner determines that the Contractor/Subcontractor violated a provision of this title or regulations of the Commissioner, the Contractor/Subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wage. J. Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website http://www.dllr.state.md.us/labor/ and clicking on Living Wage for State Service Contracts. AGY-18-004-MT MTA Pest and Rodent Control Page 164 MDG-18-0397-A-000491 ATTACHMENT F-1 Maryland Living Wage Requirements Affidavit of Agreement (submit with Bid/Proposal) ContractNo. MTR-17-006-MT Name of Contractor ----------------------- Address ---------------------------- City______________ State___ Zip Code______ _ If the Contract Is Exempt from the Living Wage Law -The Undersigned, being an authorized representative of the above named Contractor, hereby affirms that the Contract is exempt from Maryland's Living Wage Law for the following reasons (check all that apply): D D D 0 Bidder/O:fferoris a nonprofit organization Bidder/Offeror is a public service company Bidder/O:fferoremploys 10 or fewer employees and the proposed contract value is less than $500,000 Bidder/Offeror employs more than 10 employees and the proposed contract value is less than $100,000 If the Contract Is a Living Wage Contract A. The Undersigned, being an authorized representative of the above-named Contractor, hereby affirms its commitment to comply with Title 18, State Finance and Procurement Article, Annotated Code of Maryland and, if required, to submit all payroll reports to the Commissioner of Labor and Industry with regard to the above stated contract. The Bidder/Offeroragrees to pay covered employees who are subject to living wage at least the living wage rate in effect at the time service is provided for hours spent on State contract activities, and to ensure that its Subcontractors who are not exempt also pay the required living wage rate to their covered employeeswho are subject to the living wage for hours spent on a State contract for services. The Contractor agrees to comply with, and ensw·eits Subcontractorscomply with, the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate established by the Commissioner of Labor and Industry, automatically upon the effective date of the revised wage rate. B. _________ (initial here if applicable) The Bidder/Offeroraffirms it has no covered employees for the following reasons: (check all that apply): 0 AGY-18-004-MT The employee(s)proposed to work on the contract will spend less than one-half of the employee's time during any work week on the contract MTA Pest nnd RodentControl Page I 65 MDG-18-0397-A-000492 • • The employee(s) proposed to work on the contract is 17 years of age or younger during the duration of the contract; or The employee(s) proposed to work on the contract will work less than 13 consecutive weeks on the State contract. The Commissioner of Labor and Industry reserves the right to request payroll records and other data that the Commissioner deems sufficient to confirmthese affirmations at any time. Name of Authorized Representative: ________________ _ Date Signature of Authorized Representative Title Witness Name (Typed or Printed) Date Witness Signature SUBMIT AGY-18-004-MT TmsAFFIDAVIT WITH BID/PROPOSAL MTA Pest nnd Rodent Control Page J 66 MDG-18-0397-A-000493 ATTACHMENT G- CONFLICT OF INTEREST AFFIDAVIT ANDDISCLOSURE Reference COMAR 21.05.08.08 A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. B. "Person" has the meaning stated in COMAR 21.0l.02.01B(64) and includes a Bidder/Offeror,Contractor, consultant, or subcontractor or sub-consultantat any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a Bid/Proposal is made. C. The Bidder/Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now .givingri!leor which could, in the future, give rise to a conflict ofinterest. D. The following facts or circumstancesgive rise or could in the future give rise to a conflict of interest (explain in detail-attach additional sheets if necessary): E. The Bidder/Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the Bidder/Offerorshall immediatelymake a full disclosure in writing to the procurement officer of all relevant facts and circumstances.This disclosure shall include a description of actions which the Bidder/Offerorhas taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken. I DO SOLEMNLYDECLAREAND AFFIRM UNDER THE PENALTIES OF PERJURYTHAT THE CONTENTS OF TlllS AFFIDAVITARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,INFORMATION, AND BELIEF. Date:________ _ _ By:_____________ (Authorized Representative and Affiant) SUBMIT AGY-18-004-MT Tms AFFIDAVIT WITH BID/PROPOSAL MTA Pest and Rodent Control Page I 67 MDG-18-0397-A-000494 ATTACHMENT H- NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT ("Agreement") is made by and between the State of Maryland (the "State"), acting by and through Maryland Transit Administration (the "Department"), and __________________ ( the "Contractor''). RECITALS WHEREAS,the Contractor has been awarded a contract (the "Contract") following the solicitation for MTA Pest and Rodent Control Solicitation# AGY-18-004-MT and WHEREAS,in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor's employees, agents, and subcontractors (collectively the "Contractor's Personnel") with access to certain informationthe State deems confidential information (the "Confidential Information"). NOW, THEREFORE,in consideration of being given access to the Confidential Information in connection with the solicitation and the Contract, anclfor other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows: I. Regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Information is marked as such, ConfidentialInformation means (1) any and all infonnation provided by or made available by the State to the Contractorin connection with the Contract and (2) any and all Personally Identifiable Information (PI!) (including but not limited to personal information as defined in Md. Ann. Code, State Govt. §10-1301) and Protected Health Information(PHI) that is provided by a person or entity to the Contractor in connection with this Contract. Confidential Infonnation includes, by way of example only, information that the Contractor views, takes notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use ofby the State in relation to the Contract. 2. Contractor shall not, without the State's prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any form, any Confidential Information except for the sole and exclusive purpose of perfonning under the Contract. Contractor shall limit access to the Confidential Infonnation to the Contractor's Personnel who have a demonstrable need to know such Confidential Information in order to perfonn under the Contract and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information. The names of the Contmctor's Personnel are attached hereto and made a part hereof as ATTACHMENT G-1. Contractor shall update ATTACHMENT G-1 by adding additional names (whether Contractor's personnel or a subcontractor's personnel) as needed, from time to time. 3. If the Contractor intends to disseminate any portion of the Confidential Infonnation to non-employee agents who are assisting in the Contractor's performance of the Contract or who will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion. 4. Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential Infonnation from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the confidentiality of the Confidential Infonnation. 5. Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor's Personnel or the Contractor's former AGY-18-004-MT MTA Pest and Rodent Control Pngc I 68 MDG-18-0397-A-000495 Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s). 6. Contractor shall, at its own expense, return to the Department all copies of the Confidential Information in its care, custody, control or possession upon request of the Department or on termination of the Contract. Contractor shall complete and submit ATTACHMENT G-2 when returning the Confidential Information to the Department. At such time, Contractor shall also permanently delete any Confidential Information stored electronically by the Contractor. 7. A breach of this Agreement by the Contractor or by the Contractor's Personnel shall constitute a breach of the Contract between the Contractor and the State. 8. Contractor acknowledges that any failure by the Contractor or the Contractor's Personnel to abide by the terms and conditions of use of the Confidential Infonnation may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Infonnation. The Contractor consents to personal jurisdiction in the Maryland State Courts. The State's rights and remedies hereunder are cwnulative, and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Infonnation and to seek damages from the Contractor and the Contractor's Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys' fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor's Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and costs. 9. Contractor and each of the Contractor's Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State. 10. The parties further agree that: a. This Agreement shall be governed by the laws of the State of Maryland; b. The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State; c. The State makes no representations or warranties as to the accuracy or completeness of any Confidential Information; d. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement; e. Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures; f. The Recitals are not merely prefatory but are an integral part hereof; and g. The effective date of this Agreement shall be the same as the effective date of the Contract entered into by the parties. IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the day and year first above written. Contractor: ____________ By: __________ _ (SEAL) Maryland Transit Administration: By: ___________ Printed Name: __________ _ Printed Name: Title: ____________ _ Title: __ AGY-18-004-MT _ ----------- _ __ MTA Pest and Rodent Control __ ____ _ _ Page I 69 MDG-18-0397-A-000496 Date: ______________ _ AGY-18-004-MT MTA Pest nod Rodent Control Date: _____________ _ Pnge170 MDG-18-0397-A-000497 NON~DISCLOSURE AGREEMENT - ATTACHMENT G-1 LIST OF CONTRACTOR'S EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO THE CONFIDENTIAL INFORMATION Printed Name and Address of Individual/ Agent AGY-18-004-MT Employee (E) or Agent (A) Signature MTA Pest and Rodent Control Date Page 171 MDG-18-0397-A-000498 NON-DISCLOSURE AGREEMENT-ATTACHMENT G-2 CERTIFICATION TO ACCOMPANY RETURN OR DELETION OF CONFIDENTIAL INFORMATION I AFFIRM THAT: To the best ofmy knowledge, information, and belief, and upon due inquiry, I hereby certify that: (i) all Confidential Information which is the subject matter of that certain Non-Disclosure Agreement by and between the State of Maryland and _______________________ _ _, 20__ ("Agreement") is attached hereto and is hereby ("Contractor") dated _______ returned to the State in accordance with the terms and conditions of the Agreement; and (ii) I am legally authorized to bind the Contractor to this affirmation. Any and all Confidential Information that was stored electronically by me has been pennanently deleted from all of my systems or electronic storage devices where such Confidential Information may have been stored. I DO SOLEMNLYDECLAREAND AFFIRM UNDER THE PENALTIES OF PERJURYTHAT THE CONTENTS OF THIS AFFIDAVITARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION,AND BELIEF,HAYING MADE DUE INQUIRY. DATE: ------------ NAME OF CONTRACTOR: ------------------- BY: ________________________ _ (Signature) TITLE: ______________________ _ (AuthorizedRepresentativeand Affiant) AGY-18-004-MT MTA Pest and Rodent Control Page 172 MDG-18-0397-A-000499 Pest and Rodent Control - Bid Form #1 "'If""""'' Section Item Di A B C Location / Unit Description Number of Locations/ Units Spraying Treatments Per Year '.:: •...i.: I Spraying Cost Per Treatment E Rat Zapper/ Bait Box Treatments Per Year 1 Bush Division 1 156 78 2 Kirk Division 1 48 24 3 4 5 Eastern Division 1 48 24 Northwest Division 1 48 48 Trailers (5) 1 60 36 7 Additional Service 40 Requests Special Circumstance 80 Request -- Contract Manager's Discretion: Rat Zappers(4 x 4 3/4 x 111/2): 100 9 10 11 Contract Manager's Discretion: Termites & Bed Bugs as Needed: 50 - ,,- ~ (BX C X D) plus (BX EX F) - $ - $ - $ - $ $ ~ - ~ - ..., BUS MAINTENANCE 12 - 200 $ - 40 $ - $ $ $ $ - Bush Division Buses 241 12 2 Kirk Division - Buses 157 12 3 Eastern Division - Buses 194 12 Northwest Div - Buses 171 Additional Service Requests - 763 Buses Special Circumstance Request - fogging . $ $ $ $ 1 6 Annual Cost $ TOTALANNUAL COSTFORFACILITYMAINTENANCEBUS:- Section"A" add lines 1-9, column G: TOTALFIVE(S) YEARCONTRACTCOSTFORFACILITYMAINTENANCE:- Section "A" line 10 column G times 5: B 5 G $ $ $ $ $ - 8 4 Rat Zapper/ Bait Box Cost Per Treatment - FACILITY MAINTENANCE - BUS A 6 F 7 TOTALANNUAL COSTFORBUSMAINTENANCE:- Section "B" add lines 1-6 Column G: 8 TOTALFIVE(5) YEARCONTRACTCOSTFORBUSMAINTENANCE:- Section 118 11 line 7 column G times 5: TOTAL ANNUAL COST FOR ENGINEERS ESTIMATE #1: Section "A" column "G" line 10 PLUS Section 11 11 B column "G" line 7: 11 11 TOTALFIVE(S)YEARCOSTFORENGINEERS ESTIMATE #1: Section"A" comumn "G" line 11 PLUSSection B column "G" line 8: . . - MDG-18-0397-A-000500 Pest and Rodent Control - Bid Form #2 Section Item A 1 z 3 4 5 B 1 2 3 4 5 A B e Location / Unit Description Number of Locations/ Units Spraying Treatments Per Year MARC TRAIN - Aberdeen, BWI Airport, Stations Listed Above 7 12 Additional Service 50 Requests: Special Circumstance 50 Request: ' - I) . Spraying Cost Per Treatment I E Rat Zapper/ Bait Box Treatments Per Year Edgewood, Halethorpe, fRat Zapper/ Bait Box Cost Per Treatment G Annual Cost (BX C X D) plus (BX EX F) Odenton, Perryville, Martin Airport $ . $ - TOTAL ANNUAL COSTFORMARC TRAIN: - Section "A" add lines 1-3, column G: $ TOTAL FIVE(5) YEARCONTRACTCOSTFOR MARC TRAIN: - Section "A" line 4 column G times 5: $ - METRO RAIL - Operations $ - Control Center, Systems Mafntaintenance, Kiosk, Old Court Facilities Maintenance, Buildings Listed Above Rail Cars & Vehicles Metro Rail Stations Additional Service Requests Special Circumstance Request 12 Money Room, Photo Lab/Print Shop, Mondawmln Wabash Rail Shop, Fair Collectlon/Facllltles Station Maintenance 8 12 $ . 98 14 12 12 . 12 $ $ 25 100 $ - $ - $ $ - 50 6 TOTAL ANNUAL COSTFOR METRO RAIL: - Section 118 11 add lines 1-5 Column G: 7 TOTAL FIVE (5) YEARCONTRACTCOSTFORMETRO RAIL: - Section "B" line 6 column G times 5: . - MDG-18-0397-A-000501 Pest and Rodent Control - Bid Form #2 - Section Item B A- 1 Location / Unit Description Number of Locations/ Units 2 Buildings Listed Above Bellona Ave . Storage 3 Trailers 4 5 Exterior Rooms 6 Light Rail Stations 7 8 9 10 C Spraying Treatments Per Year I ... o· Spraying Cost Per Treatment E Rat Zapper/ Bait Box Treatments Per Year F Rat Zapper/ Bait Box Cost Per Treatment G Annual Cost (BX C X D) plus (BX EX F) LIGHT RAIL - North Avenue, Cromwell C 1 ~ Rail Cars - (Two-Pack) Additional Service 12 12 $ - 1 12 12 12 12 12 $ $ $ $ $ . 6 3 53 33 12 . 53 $ - 12 $ - TOTALANNUALCOSTFORLIGHTRAIL:- Section"C" add lines 1-8, column G: $ TOTALFIVE(5) YEARCONTRACTCOSTFORLIGHTRAIL:- Section"C" line 9 column G times 5: $ TOTALANNUALCOSTFORENGINEERSESTIMATE#2: Section"A, 8, C" Column"G" Lines4, 6, 9: $ - Requests: Special Circumstance Request: 2 TOTALFIVE(S) YEARCOSTFORENGINEERSESTIMATE#2: Section - "A,B, C" column "G" Lines 5, 7, 10: $ . " MDG-18-0397-A-000502