Open Purchase Order Plan

I. PURPOSE
This plan, which is subject to the approval of the County Attorney and the Contract Review Committee, has been developed to enable the Department of Recreation to contractually engage all qualified and responsible professional services contractors on a continuing basis who are willing to provide training and instructions to paid participants of County sponsored recreational, sports activities and other programs in accordance with the specific terms and conditions as set forth herein. Subject to the approvals of the County Attorney and the Contract Review Committee

II. PROCEDURE
The Department of Recreation upon the development of a requirement shall provide public notice that Montgomery County is seeking instructors in specified disciplines to serve as instructors of programs being conducted under the auspices of the Department of Recreation at specified recreation and athletic facilities. The notice will contain specific information about the respective programs, instructor qualifications, and delineate the required application procedures. All notices will be made available on a continual basis.

A. Public Notice
The Department of Recreation will disseminate information about the respective programs and requirements for instructors in program bulletins and notices. Such notices will be displayed and made available at the department's central offices, each indoor recreational facility, and mailed to County residents. Notices will also be conspicuously displayed within the lobby of the Office of Procurement. Applications can be obtained from the Department of Recreation.

B. Notice Content
Each program notice will provide a clear statement describing the specific activity, the projected schedule, the specific locations of facilities in which the activity is to be conducted, the required number of registrants necessary to run program, registration costs, and the requirements and procedure for applying as an instructor.

C. Instructor Applications

1. Each Applicant will be required to provide the following information:
     a. The full and legal name of the person or entity applying.
     b. Business address and telephone number.
     c. Home address and telephone number.
     d. Professional licenses held.
     e. Education and Training
     f. Employment record.
     g. Social Security Number
     h. Tax ID Number.

2. A capability statement fully describing the proposed training or instructional services projected schedule offered by the applicant.(Note: Upon the approval of an application by the Department of Recreation the capability statement will be regarded as the contractual Statement of Work and Schedule.)

3. While in a County sponsored class, the contractor must not solicit participants for, nor promote any privately owned business.

4. Any contractor (including any of the contractor's employees or subcontractors) who will care for or supervise children while performing this contract or will have access to children who are cared for or supervised by the County, must apply for a criminal background investigation, pursuant to Section 5-560, et.seq., Family Law Article, Maryland Code. The County is not responsible for submitting the application or paying the cost for the investigation. The application must include a request to notify the County of the results of the investigation. The Contractor must give the County a copy of each application. Prior to providing services under any contract awarded by the County, the contractor must certify in writing that the requirements of this section have been satisfied. Any contract for services awarded by the County as a result of this application, may be terminated at no cost to the County if the applicant is the subject of pending charges of or has been convicted of a crime identified in Section 5-564(b), Family Law Article.

5. Each application will contain the following attachments, which will become integral parts of the contract between the County and the applicant:
     a. General Conditions of Contract Between County and Contractor
     b. Minority Owned Business Addendum (for contracts over $65,000.00)

D. Review, Approval and Rejection of Applications

1. Recreation will review each application for to determine the following:
     a. Completion and accuracy of required information.
     b. Applicability of proposed services and schedule with Department of Recreation sponsored activities.
     c. Licensing, education, training, and experience in providing specific services.
     d. Insurance risk of proposed service.
     e. Availability of facilities/ facility requirements.
     f. Additional factors related to the provision of the program.

2. Applications will be rated as satisfactory or unsatisfactory.

3. Applications adjudged as unsatisfactory shall be return to the applicant along with an explanation relating the reasons for its rejection.

4. Recreation will make an assessment of the number of participant applications received and assign instructors to conduct proposed programs at specified facilities on a first come basis. The placement of instructors will be dependent upon the extent of participant enrollments.

5. Contracts approved and signed by the Director of the Department of Recreation and the Director of Procurement will serve as the official contractual document between the County and Contractor.

6. The term of most of the contracts awarded under this Open Purchase Plan will be for a period of three consecutive years, or until the Department of Recreation determines that there is substantial competition for a specific course. However, the County may, at any time during the term of any contract awarded under this Plan, by written notice to the Contractor, require the Contractor to stop all, or any part of the Work specified in the contract.

7. In the event that the County receives sufficient applications in response to a specific solicitation for Instructor/ Trainer services in a specialized discipline to warrant the solicitation of competitive bids, the Department of Recreation will limit the term of each contract awarded for a period of one year. During that period a formal solicitation for competitive proposals will be undertaken to obtain the services required to maintain a specific program.

8. The County collects all fees paid by participants and holds those fees in a segregated agency account; retains a portion of the participants' fees to compensate the County for its costs; and distributes the balance of the fees actually collected and held in the segregated agency account to the contractor.

The County is to retain as its compensation all participant fees less the Contractor's fee for the appropriate recreational/ instructional service provided as shown on Attachment A.

E. Program Administrative Responsibilities

1. The Department of Recreation will be responsible for:
     a. handling all administrative matters involving program advertising,
     program registration, fee collections;
     b. approving and processing Contractor invoices submitted in accordance
     with County requirements;
     c. monitoring and evaluating Contractor performance and participant
     satisfaction in a format required by the County.

2. Contractors will be required to:
     a. declare and affirm that the performance of work and services described in their
     respective contracts shall be conducted in a proficient and professional manner
     and shall conform to the highest professional standards;
     b. submit to the County certification of insurance and within the specified periods as
     delineated in the contract.

3. A statement in a form acceptable to the County must be submitted prior to any distribution to the contractor. Statements must be submitted no more frequently than once a month. Distributions are subject to any required appropriation of funds by the County Council and are limited to the fees actually collected, less the portion to be retained by the County.

4. The Contractor will provide all needed supplies except for supplies the County Department of Recreation agrees in writing to provide. The Contractor is responsible for securing and compensating any assistants needed to adequately and safely perform the required services.

5. Insurance requirements as specified in the contract.

6. The attached General Conditions of Contract between the County and the Contractor are incorporated and made a part of any contract resulting from this application, and shall apply unless inconsistent with the foregoing provisions.