Request for Proposals

Employee Assistance Program Services RFP No. 2015-67

ISSUE DATE: June 16, 2015

DEADLINE FOR SUBMISSION OF PROPOSALS: 4:00 PM Local time Thursday, July 16, 2015 Deliver to: WCPS Center for Educational Services

Dates/times are subject to change by written notice to all potential Proposers. Questions regarding an issue arising in the context of this procurement must be directed in writing transmitted by mail, fax or email to: Lisa Freeman, Supervisor of Purchasing for Washington County Public Schools. She can be reached by telephone at 301-766-2842, fax at 301-766-2859, and email: [email protected].

This RFP document is posted on the WCPS Purchasing website at www.wcpspurchasing.com. This is also the source for any/all addenda. Please register your company for notices about this RFP and similar projects on our web site.

Washington County Public Schools Purchasing Office

Employee Assistance Program Services RFP #2015-67

Procurement Schedule RFP Issue Date:

June 16, 2015

Procurement Officer:

Ms. Lisa Freeman, C.P.M. Supervisor of Purchasing Office Phone: (301) 766-2842 Fax: (301) 766-2859 Email: [email protected]

Submit Proposals to:

Purchasing Office Washington County Public Schools Center for Education Services 10435 Downsville Pike Hagerstown, Maryland 21740

Pre-Proposal Conference:

10:00 AM, Thursday, June 25, 2015 Washington County Public Schools Center for Education Services 10435 Downsville Pike Hagerstown, Maryland 21740

Proposal Due Date and Time:

Thursday, July 16, 2015 at 4:00 PM local time

General Project Timeframe Proposal issue date Pre-proposal meeting Deadline for written questions Proposal deadline Review proposals Finalist interviews Award Recommendation for WCBOE Consideration Execution of Contract and Implementation Planning Resource Materials Ready for Distribution Effective for Coverage Period

June 16, 2015 June 25, 2015 10:00 AM local time July 7, 2015 at 4:00 PM July 16, 2015 at 4:00 PM local time July 16 – July 23, 2015 July 27 – July 30, 2015 August 18, 2015 By August 31, 2015 By August 31, 2015 September 1, 2015 – August 31, 2017 w/2 – 2 Year Renewal Options

Dates/times are subject to change by written notice to all potential Proposers. Be advised that WCPS schools and offices will be closed on Fridays for the summer months on June 19, June 26, July 3, July 10, July 17, July 24, July 31 and August 7, 2015. Staff will not be available on these dates to assist or receive bid packages, so please plan accordingly.

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TABLE OF CONTENTS Sections

Page Nos.

I.

General Information………………………………………………………………………………..…3-8

II.

Proposal Format…………………………………………….……………………………………..….9-10

III.

Proposal Evaluation………………………………………………………………………………....11-12

IV.

Specifications…………………………………………………………………………………………...13-14

V.

Response Questionnaire…………….………………………...……...…..…................. 15-16

VI.

Price Proposal Bid Form ……………………………………………………………………………17-18

Attachments: Bid/Proposal Affidavit (Page 20 – 23) Mandatory Contract Addendum (Page 24- 26) “NO BID” Response Form Professional Services Agreement – DRAFT

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Section I – General Information Summary Statement Washington County Public Schools is soliciting proposals for employee assistance program (EAP) services covering full-time and part-time employees and their dependents. The Board of Education of Washington County (“WCBOE”) is the legal entity and governing authority that will award any resulting contract. Proposals are requested at this time in order to establish a contract with one qualified and experienced service provider with a local office for an effective coverage period starting September 1, 2015 through August 31, 2017 (2 Years) with the possibility of renewal for additional two year terms, potentially through August 31, 2021. Prices shall remain firm for the initial term of the contract with the opportunity for price adjustment annually thereafter at renewal. Procurement Officer The sole point of contact at Washington County Public Schools for purposes of this RFP, prior to the award of any contract, is the Procurement Officer at the address listed below: Ms. Lisa Freeman, Supervisor of Purchasing Washington County Public Schools- Center for Education Services 10435 Downsville Pike Hagerstown, Maryland 21740 Telephone #: 301-766-2842 Fax #: 301-766-2859 E-mail: [email protected] Contract Monitor The individual responsible for day-to-day administration and management of any resultant Contract shall be the Contract Monitor identified below: Ms. Regina Keller, Supervisor of Employee Benefits Washington County Public Schools- Center for Education Services 10435 Downsville Pike Hagerstown, Maryland 21740 Telephone #: 301-766-8991 Fax #: 301-766-8727 E-mail: [email protected] Pre-Proposal Conference A pre-proposal conference will be held on Thursday, June 25, 2015, at 10:00 AM (local time) at the Washington County Public Schools Center for Education Services, 10435 Downsville Pike, Hagerstown, Maryland. Attendance at the pre-proposal conference is not required. However, all interested companies are encouraged to attend this important meeting. e-Bid Marketplace Public school systems in Maryland are required to publish notices of procurements and procurement awards on the State of Maryland’s “eBid Marketplace” web portal. All prospective bidders are required to register and maintain registration on eBid Marketplace if actively bidding 3

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public school projects. For registration requirements, visit www.emaryland.buyspeed.com. Awards can only be posted to registered companies. As such, award of this contract is contingent upon the Bidder being registered on Maryland’s eBid Marketplace. Questions The deadline for questions about this RFP is Tuesday, July 7, 2015 at 4:00 pm (local time). Questions may be submitted by mail, facsimile, or preferably by e-mail to the Procurement Officer only. Written questions will be accepted prior to, during and subsequent to the pre-proposal conference. The Procurement Officer shall, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the proposal due date. Answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, will be published in Addenda to all prospective Bidders on the WCPS Purchasing website: www.wcpspurchasing.com. The Procurement Officer named above is the sole contact for any and all inquiries after this RFP has been released and until a final decision has been made to award by the WCBOE. Violation will result in rejection of the bid. RFP Format This RFP solicitation document is organized into sections. Section I covers "General Information," and Section II described the "Proposal Format". Section III describes the "Proposal Evaluation" process, and Section IV contains the "Specifications” portion. Section V is the "Response Questionnaire”, and Section VI contains the “Price Proposal Bid Form." Proposal Due (Closing) Date An unbound original and two (2) bound copies of the proposal must be received by the WCPS Procurement Officer not later than 4:00 PM local time, Thursday, July 16, 2015. Bidders mailing proposals should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Proposals received by the WCPS Procurement Officer after 4:00 PM Local Time Thursday, July 16, 2015, will be refused or returned to the bidder. Proposals may not be submitted to WCPS by e-mail or facsimile. Duration of Offer Proposals submitted in response to this RFP shall be firm offers and irrevocable for a minimum 120 days following the closing date of proposals. This period may be extended at the Procurement Officer's request only with the Bidder's written agreement. Revisions to the RFP If it becomes necessary to revise this RFP before the due date for proposals, amendments will be made only by written addenda to this RFP solicitation document which will be posted on the WCPS Purchasing website. Bidders should check the website frequently while the RFP remains 4

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active and open to keep abreast of any posted addenda. Any amendments made after the closing date for proposals will be sent only to those Bidders who submitted a responsive proposal. Acknowledgment of the receipt of all addenda to this RFP solicitation document must be stated in the Bidder's proposal in the Transmittal Letter in the Proposal submittal. Acknowledgement of the receipt of addenda to the RFP issued after the proposal due date shall be in the manner specified in the addenda. Failure to acknowledge receipt of an addendum may result in a determination that the proposal is non-responsive. Cancellation; Discussions WCBOE reserves the right to cancel this RFP, accept or reject any and all proposals, in whole or in part, received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct discussions with any or all qualified or potentially qualified Bidders in any manner necessary to serve the best interests of the WCBOE. Bidders are strongly advised to submit their best pricing in their proposal at the outset of this procurement process. Based upon the initial price offers, WCPS may or may not conduct price negotiations or discussions with any/all Bidders. Based on a change in the specifications, or if the price offers exceed the available funds, the Supervisor of Purchasing may invite revised price offers from finalist companies only. The WCBOE reserves the right, in its sole discretion, to award a contract based upon the original written proposals received without further discussion or negotiation. Oral Presentation Bidders may be required to make oral presentations to WCPS representatives. Significant representations made by a Bidder during the oral presentation must be reduced to writing. All written representations will become part of the Bidder’s proposal and are binding if the contract is awarded. The Procurement Officer will notify Bidders of the time and place of oral presentations. Please review the proposed timeline for possible oral presentation dates. Incurred Expenses WCPS will not be responsible for any costs incurred by a Bidder in preparing and submitting a proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities relative to this solicitation. Access to Public Records Act Notice A Bidder should clearly identify and give specific written direction regarding those portions of its proposal that it considers confidential, proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by WCPS under the Access to Public Records Act, Title 10, Subtitle 6, of the State Government Article of the Annotated Code of Maryland. Information which is claimed to be confidential must be separated from the general contents of the proposal and placed in its own section as an Appendix to the Technical Response or Pricing Response Proposal. Bidders are advised that, upon request for this information from a third party, the WCPS will make an independent determination whether the information is subject to release for public disclosure under the federal Freedom of Information Act and State law (COMAR 21.05.08.01). 5

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Subcontractors The selected Bidder shall be responsible for providing all products and services required by WCPS under this RFP solicitation document and any resultant contract. The Proposal must explicitly disclose the name and qualifications of any/all subcontractor(s) to be employed and provide a complete description of roles and responsibilities. The contractor shall remain at all times fully responsible for all services and deliverables required under this contract including any portion of the work assigned to a subcontractor. Subsidiaries If a Bidder that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Bidder such as, but not limited to, proposed services, description of the Bidder's ability to perform the scope of work, references and financial reports, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder's proposal must contain an explicit statement that the parent organization will guarantee the performance of the subsidiary. Prohibited Persons In accordance with the State of Maryland's Criminal Procedure Article, Section 11-722, a person who enters into an agreement with a local board of education may not knowingly employ an individual to work at a school if the individual is a registered sex offender. This provision applies to all individuals that may be working on the school property, making deliveries or visiting the school property for business purposes. Consent to No Exceptions By submitting an offer in response to this RFP, the Bidder, if selected for an award, shall be deemed to have accepted the terms of this RFP and the Contract, unless an exception to any term/condition of this RFP or the Contract is explicitly written in the Executive Summary of the Proposal. A proposal that takes exception to any term or condition of the RFP/Contract will be subject to scrutiny and may be cause for a determination that the proposal is non-responsive. WCPS is under no obligation to engage in discussion with the bidder on the exception. WCPS may determine in its sole discretion that the proposed exception is not in the best interests of WCPS and/or its employees. Proposal Affidavit A proposal submitted by a Bidder must be accompanied by a completed and signed Bid/Proposal Affidavit. A copy of this Affidavit is included as an attachment of this RFP. Verification of Registration and Tax Payment Before a corporation can do business in the State of Maryland it must be registered with the Department of Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of proposals. A Bidder’s failure to complete registration with the Department of Assessments and Taxation may disqualify an otherwise successful Bidder from final consideration and recommendation for contract award.

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Arrearages 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 of Maryland, 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. False Statements Bidders are advised that Section 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland provides as follows: (a) In connection with a procurement contract a person may not willfully: (1) falsify, conceal, or suppress a material fact by any scheme or device; (2) make a false or fraudulent statement or representation of a material fact; or (3) use a false writing or document that contains a false or fraudulent statement or entry of a material fact. (b) A person may not aid or conspire with another person to commit an act under subsection of this section. (c) 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 5 years or both. Conflict of Interest Potential Bidders should be aware that the State Ethics Law, State Government Article, §15-508, might limit the selected Contractor’s ability to participate in future related procurements, depending upon specific circumstances. The successful Bidder will provide services to WCPS and must do so impartially and without any conflicts of interest. If the Procurement Officer makes a determination that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of COMAR 21.05.08.08A, the Procurement Officer may reject a Bidder under COMAR 21.06.02.03B. Multi-agency Procurement WCPS reserves the right to extend the terms and conditions of this bid to any and all other governmental agency(ies) upon request. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to any requesting agency. This may include requests by private schools, parochial schools, and/or state agencies and community colleges located within the state of Maryland, as well as other state quasi-agencies. Each participating jurisdiction or agency shall enter into its own contract with the contracted firm and such contract shall be binding only upon the principals signing such an agreement. Invoices shall be submitted in duplicate "directly" to the ordering jurisdiction. Disputes over the execution and administration of any contract shall be the responsibility of the participating jurisdiction or agency that entered into that contract. Disputes must be resolved solely between the participating agency and the contractor.

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Objection to Award Any company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written protest with the Superintendent of Schools. It is the company's responsibility to ascertain and confirm the date/time of the pertinent Board Meeting. The written appeal must be submitted on company letterhead, dated and signed by the senior officer in the company. The protest letter must include: a request for review and ruling by WCPS; a detailed statement of the legal and factual grounds for the protest, including the resulting prejudice to the company; copies of relevant documents; and a statement of the form of relief being requested. Failure to comply with these latest instructions may result in the protest being deemed "not filed". Bid protests received later than five (5) days after the Board Meeting will result in the protest being deemed "not timely". The WCPS will not respond or address bid protests that do not conform to these

instructions.

Use of Electronic Versions of this Document This RFP is being made available by electronic means to any prospective Bidder on the WCPS website. If a Bidder accepts the RFP, the Bidder acknowledges and accepts full responsibility to ensure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Bidder's possession and the Purchasing Office's version of the RFP, the Purchasing Office's version shall govern. Escalator Clause Proposals are requested at this time in order to establish a contract with an effective period starting September 1, 2015 through August 31, 2017 with the possibility of renewal for two additional two-year periods, potentially through August 31, 2021. Prices shall be submitted as a monthly capitated fee for Employee Assistance Services and unit prices for additional training and counseling sessions (unless included in capitated monthly rate.) Prices shall remain firm as quoted in the proposal for the first period (2 years) of the contract through August 31, 2017. The contract will allow the opportunity for price adjustment annually thereafter at renewal, under the following conditions. 1. The Service Provider must notify the Contract Monitor in writing at least ninety (90) days prior to the approaching renewal period (by May 31, 2017/2019.) Failure to meet this deadline will result in rejection of the price increase.

2. The request for a price increase must be submitted in the form of a letter addressed to the Contract Monitor and received prior to May 31, 2017/2019. The letter must be explicit as to the reason for the price changes being requested and include all current fees, requested fees, percentage change, and the reasons for the increase.

3. The price increase allowed for any renewal period is limited. The percentage of increase in price may not exceed the percentage change in the marketplace in the previous two annual periods according to the Bureau of Labor Statistics Producer Price Index.

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4. It is understood that PPI Data is considered Preliminary during the most recent four months of publication and preliminary results will not be used in the determination of the trend. 5. The right and option to renew this contract is unilateral at the WCBOE’s sole discretion.

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Section II – Proposal Format An unbound original and two (2) bound copies of the proposal must be received by the WCPS Procurement Officer not later than 4:00 PM local time, Thursday, July 16, 2015. Bidders mailing proposals should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Proposal Format All pages of both proposal volumes must be consecutively numbered from beginning (Page 1) to end (Page “x”) and should be organized as follows: Volume I – Proposal Response A. Transmittal Letter A transmittal letter must accompany the Technical Proposal. The purpose of this letter is to transmit the proposal and provide the person’s name and contact information, including email address, for questions about the RFP. The transmittal letter must be signed by an individual who is authorized by the Service Provider to enter into a contract with WCBOE if selected for award. B. Executive Summary The Bidder shall condense and highlight the contents of the Technical Proposal in a section titled “Executive Summary”. The executive summary should provide an overview of the company, services being proposed, experience, staffing, and other information important for presenting your proposal. The summary shall also identify any exceptions the Bidder has taken to the requirements of this RFP. C. Response to Proposal Questionnaire In a concise manner, the Bidder shall address each requirement and question in Section V “Response Questionnaire” of this RFP and describe how the Bidder’s proposed services will meet those requirements. D. Bid/Proposal Affidavit Bidder shall include a completed and signed Bid/Proposal Affidavit as part of its proposal in order to be considered for award of a contract. E. Proposed Contract Form(s) Bidder shall submit the forms which would be required to be executed by WCPS as the form of agreement between the parties. All contract forms required to be signed and executed by WCBOE shall be included in the proposal. Also, bidder shall indicate whether the standard WCPS Professional Services Agreement – DRAFT will be acceptable as the form of contract between the parties if awarded this contract. F. Pricing Proposal Bid Form Completed Price Proposal Bid Form shall be included.

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G. Appendix Information which is claimed to be confidential must be separated from the general contents of the proposal and placed in its own section as an Appendix. An unbound original and two (2) bound copies of the proposal must be received by the WCPS Procurement Officer not later than 4:00 PM local time, Thursday, July 16, 2015.

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Section III – Proposal Evaluation Mandatory Responsiveness Requirements To be eligible for consideration, a proposal must be: timely received from a Bidder; properly signed by the Bidder; complete, including the Bid/Proposal Affidavit and other required forms; and compliant with instructions. Purpose To be eligible for consideration, it shall be the responsibility of the Bidder to meet all specifications and guidelines set forth herein. The contract will be recommended for award to the company whose proposal is determined to provide the best value to the employees of Washington County Public Schools as determined by the RFP evaluation committee who will make their recommendation to the WCBOE. No damages shall be recoverable by any challenger as a result of these determinations or decisions by the WCBOE. Evaluation Committee The Purchasing Officer has selected a committee of qualified personnel to review and evaluate timely submitted proposals. The Purchasing Office will notify, in writing, of its selection the responsible Bidder whose proposal is determined to be the most advantageous to the WCPS as determined by the Evaluation Committee after taking into consideration all factors. Evaluation Criteria The committee will evaluate the proposals based upon the following weighted criteria: I. Qualifications and Experience/Technical – 70 Points A. Services Proposal - 25 Points a. Ability to Respond to Emergencies b. Quality and Breadth of Services Proposed c. Explanation of Program and Methodologies B. Qualifications of Bidder – 20 Points a. Geographic Access b. History/Stability C. Administration – 15 Points a. b. c. d.

Reports Quality and availability of marketing materials Billing and Payment Terms Account management team

D. Client References – 10 Points II.

Price Information – 30 Points 12

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III.

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TOTAL: 100 Points

Note that the criteria listed above are a guide to the evaluation team and may not be rigidly applied in the final analysis.

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Section IV - Specifications Background Information WCPS currently offers an EAP to active full and part-time employees and their dependents under the age of 26. The average number of covered employees is approximately 3,050 (2711 full time and 339 part time.) EAP utilization during the most recent 12 month period is 8%. Highest users are employees working full-time. Most employees are located within the Washington County, MD area, so concentration of counselors and services should be focused there. However, employees also reside in surrounding counties and states including, but not limited to Allegany, Frederick, Howard, Carroll, Montgomery County, MD; Berkeley, Jefferson and Morgan County, WV; as well as counties Franklin, Fulton and Adams in PA. The major components of the requested EAP, which should be included in a monthly capitated per employee rate, are:          

 

Assessment, case management and referrals. It is expected that the EAP provider will be familiar with WCPS's health plan parameters and carrier so referrals can be made suitably to outside providers covered as a participating provider with the carrier. Short-term counseling (six sessions per issue, per participant, per year) Representation for a minimum of six hours on-site for employee orientation programs Six educational workshops per year for employee education. These workshops will be held at a location of WCPS's choice on a relevant topic chosen by staff, or at the request of a Principal/Supervisor. A minimum of five hours of supervisory training and accompanying materials each year Employee emergency telephone service 24 hours a day, 7 days a week Employee website access with appropriate resources, materials and contact information Unlimited on-site critical incident stress debriefings Unlimited consultation with managers and supervisors who are dealing with employeerelated concerns Provide materials and resources for the regular, on-going promotion of the EAP. Topics must be timely and appropriate for all audiences covered by the program. Materials must be generated electronically and in paper form for those who do not have regular computer access. Utilization reporting provided at least quarterly Dedicated account representative to work closely with WCPS staff.

Administration The EAP and WCBOE agree that strict confidentiality of employee information obtained by the EAP must be maintained. This includes the identity of individual employees/dependents and the nature of and specifics of the employee/dependent’s issue. Only as required by legal process or where the employee has granted permission, in writing, for the release of information, may the EAP release such information to any third party, including its parent or affiliates, except as expressly authorized in writing by the employee and/or his/her dependent(s), and only for 14

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purposes of treatment. All records and data shall remain the property of the EAP held for the benefit of the employee and/or his/her dependent(s). In this regard, the EAP agrees to provide a reasonable number of copies of such records or data to other health care providers as requested by the employee and/or his/her dependent(s) for ongoing treatment, provided the employee and/or his/her dependent(s) agree to pay the actual cost of reproduction by the EAP. The EAP will be responsible for oversight and supervision of employees who perform services under this contract. The EAP agrees that all professional staff dedicated to providing services under this contract shall be licensed and/or certificated as appropriate to the services being rendered.

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Section V: Response Questionnaire Instructions: Responses to this section should be submitted as part of your proposal. 1. Please provide the key differentiators for your organization in providing benefits coverage to employers similar in size to WCPS. Include the ability to respond to emergencies quickly, the breadth of services provided and explanation of methodology for how the services will be provided. 2. Provide information about your EAP coverage and number of individuals covered in your current EAP book of business. 3. Provide references of a minimum of three current clients of similar size for whom you provide EAP services. Include date plan was effective, coverage provided, number of covered employees, name of entity/contact person and phone number. Include a public school system or governmental unit if possible. ● Client/Entity Name: ● Contact Name: ● Contact Phone: ● Contact Email: ● Original Effective Date: ● Covered Employees: 4. Identify all the Account Management and Service team members that will be assigned to WCPS. Include name, address, phone, title and role, as well as line of business if necessary. ● Name: ● Title: ● Office Location: ● Primary Role: ● Manager’s Title: 5. Training/Education/Certification level of hotline staff – Outline qualifications/hiring requirements for staff members who answer employee and manager calls on the EAP's helpline. If qualifications of overnight staff are different from staff working during daytime business hours, explain the differences. 6. Call Handling – Describe what services are provided by the first person who answers a call, and the process for routing the caller to an appropriate staff member if necessary. Where is your call center located? 7. Counselor Qualifications – Describe methods for choosing counselors that will be working under your organization and having consultations with employees and dependents. Provide minimum qualifications and education. Give details on how new 16

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counselors are orientated or trained with your organization. Explain the process for determining which counselor will be assigned to an employee or family member. Describe different levels of education/qualifications based on age of employee or dependent requesting service, as well as reason for visit. 8. Counselors – Provide a listing of currently available counselors by address that WCPS employees and dependents would have access to through the EAP. Available counselors can be limited to MD, PA and WV. 9. Subcontractors – Identify subcontractors, if any, and the role these subcontractors will have in the performance of the contract. 10. Reporting - Provide examples of all utilization reports you would provide as part of your quoted fees.

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PRICE PROPOSAL BID FORM DATE: _______________________________ BID SUBMITTED BY: _____________________________________ (Company Name) SUBMITTED TO:

Attention: Lisa Freeman, Supervisor of Purchasing Washington County Public Schools Purchasing Office 10435 Downsville Pike Hagerstown, Maryland 21740

The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with WCBOE to provide all products and services as specified or indicated in the bidder’s proposal at the following prices and within the contract performance period indicated in this RFP solicitation. BIDDER has examined the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress, or performance of the services and has made such independent investigations, as BIDDER deems necessary.

Capitated Fee for EAP Services Per Employee/Month

Estimated Number of Employees

$_______________________Full Time

2,711

$_______________________Part 339 Time

Quantity (Months) 24

$____________________

24

$____________________

GRAND TOTAL- BASE CONTRACT

SERVICES NOT INCLUDED IN CAPITATED FEES ABOVE: On-site Supplemental Training (Beyond that included in Capitated Rate) Additional service proposed but not included in Capitated Rates. Explain:

Extended Total - 24 Month Term

$____________________ Unit of Measure

Rate

Per Hour

$___________

Per Employee

Quantity for 24 Months

Extended Total

$___________

$___________ $___________

__________________________

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Receipt of the following agenda is hereby acknowledged: Addendum #________ Dated: ________

Addendum #________ Dated: ________

Addendum #________ Dated: ________

Addendum #________ Dated: ________

The undersigned hereby proposes and agrees to furnish these services in accordance with the terms, conditions, specifications and pricing that are specified and proposed. The figures on this bid have been carefully checked for accuracy. Proposer Name: _____________________________________________________________________________ Signed By: __________________________________________________________________________ Authorized Signature/Print Name Title: _______________________________________

Date: _______________________________

Complete Mailing Address: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Phone Number: ______________________________

Fax Number: _________________________

E-Mail Address: ______________________________________________________________________ The WCBOE reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or bidding.

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RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

BID/PROPOSAL AFFIDAVIT COMAR 21.05.08.07 Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington County Public Schools with the bid or offer. A. AUTHORITY I HEREBY AFFIRM THAT: I (print name) _________________________________ possess the legal authority to make this Affidavit. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder 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, 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder 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 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 agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1 Certification Regarding Minority Business Enterprises. The undersigned bidder 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 or 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 or 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 or 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(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 21

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

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) of person(s) involved, and their current positions and responsibilities with the business): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ D. AFFIRMATION REGARDING OTHER CONVICTIONS 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 performing 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 of records 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 or 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 or proposals for a public or private contract; or (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; or (9) 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 (1)- (8) 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): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 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 performing contracts with public bodies, has ever 22

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

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 formed the grounds of the debarment or suspension). ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM 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) 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. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, 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. 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 or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or 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 or offer is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged 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. CONTINGENT FEES 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, 23

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. 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 or 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)

24

CONTRACT ADDENDUM MANDATORY CONTRACT ADDENDUM COMAR 21.07.01.25 Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County Public Schools to attach with the contract form. A. AUTHORITY I HEREBY AFFIRM THAT: I, (print name)___________________________________________possess the legal authority to make this Affidavit. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRM THAT: The business named above is a (check applicable items): Corporation ___domestic ____or foreign Limited Liability Company ___domestic ___or foreign Partnership ___domestic ___or foreign Statutory Trust __domestic ___or foreign 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 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 the 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 DISCLOSURE AFFIRMATION I FUTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article §§14-101-14-108, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. 24

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

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 connection 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 or offer, 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 the 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 information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug abuse and alcohol abuse in the workplace; (ii) The business’s policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) 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: (i) Abide by the terms of the statement; and (ii) 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 receiving actual notice of a conviction; (j)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) Take appropriate personnel action against an employee, up to and including termination; or (ii) 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. 25

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

(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 on 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 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 acknowledgments contained in that certain Bid/Proposal Affidavit dated________________________, 20____, 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: _____________________________________________ ________________________________________________ (Printed name of Authorized Representative and Affiant) _______________________________________________ (Signature of Authorized Representative and Affiant)

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RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

DRAFT-

PROFESSIONAL SERVICE AGREEMENT BETWEEN WASHINGTON COUNTY BOARD OF EDUCATION AND __________________________

THIS AGREEMENT is made this ______ day of ___________, 20___, by and between the Washington County Board of Education (“the Board”), and _________________________________________ (the “Consultant”). WHEREAS, the Washington County Board of Education needs the technical

assistance

of

Consultant

with

regard

to

providing

__________________________________________ and; WHEREAS, Consultant possesses the necessary experience, skills, and talent to assist the Board in providing such services to its students. NOW, THEREFORE, the parties agree as follow: 1.

Term.

This Agreement shall be for a term beginning __________

20___ and, unless sooner terminated as provided in this Agreement, expiring on __________________, 20___. 2.

Services. During the term of this Agreement Consultant shall provide the services which are set forth in Attachment I, entitled Scope of Services, which is a part of this Agreement. Such services are to be provided in coordination with the Washington County Board of Education’s ______________________ Department.

RFP #2015-67, Employee Assistance Services

3.

Washington County Public Schools Employee Benefits Office

Payment. The Board agrees to pay Consultant and Consultant agrees to accept, as full compensation for Consultant’s services under this Agreement, an amount not to exceed $________ per _________for time worked and travel time necessary to perform services.

The

budget allocation for these services is based upon _______ (____) hours.

Consultant shall submit an invoice on a _____________ basis

detailing the services provided and the actual costs incurred. Payment shall be made within 14 days after the date of submission of an invoice to the Board’s __________________________ Office. 4.

Accounts and Records. Consultant shall provide the following reports: ________________________________________________________ ________________________________________________________ ________________________________________________________ These reports shall be in the format requested by the Director.

All

such reports become the property of the Washington County Board of Education. Consultant shall retain copies of reports for one year and make the same available to the Board upon request. 5.

Independent Contractor.

The Board and Consultant recognize and

agree that Consultant is an independent contractor, and that neither Consultant nor any of Consultant’s employees or agents are employees of the Board.

RFP #2015-67, Employee Assistance Services

6.

Washington County Public Schools Employee Benefits Office

Subcontract or Assignment. Consultant shall not subcontract or assign any part of this Agreement without the prior written consent of the Board.

7.

Indemnification.

The Consultant shall indemnify, defend, and hold

harmless the Board and its respective elected/appointed officials, employees, departments, agencies, agents and volunteers from any and all claims, demands, suits, and actions, including attorney’s fees, litigation expenses and court costs, connected therewith, brought against the Board and their respective elected/appointed officials, employees, departments, agencies, agents, and volunteers, arising as a result of any direct or indirect, willful, or negligent act or omission of the Consultant or its employees, agents, or volunteers. 8.

Responsibility for payment of taxes.

Consultant shall be responsible

for all federal, state, and local taxes, as well as Social Security liability self-employment taxes that may result from the performance of and compensation for these services. Board assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of Consultant, its employees and/or others by reason of this Agreement. Consultant shall defend, indemnify and save harmless the Board, its officials, officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from:

RFP #2015-67, Employee Assistance Services

A.

Washington County Public Schools Employee Benefits Office

Consultant’s failure to pay any such compensation, wages, benefits, or taxes; and/or

B.

The supplying to Consultant of work, services, materials, or supplies in connection with or in support of the performance of this Agreement

The Board will furnish the consultant with a Form 1099 no later than January 31 of each year for payments made by the Board to the Consultant during the preceding calendar year. 9.

Insurance: Consultant shall procure and keep in force the following required insurance coverage: A. Commercial General Liability Insurance at limits of not less than One Million Dollars ($1,000,000) per occurrence for claims arising out of bodily injuries or death, and property damages, subject to a minimum limit of Three Million Dollars ($3,000,000) aggregate. Such insurance shall include contractual liability insurance. B. Business Automobile Liability at limits of not less than One Million Dollars ($1,000,000) per occurrence for all claims arising out of bodily injuries, death and property damages.

The insurance shall apply to

any owned, non-owned, leased, or hired automobiles used in the performance of this contract. C. Workers’ Compensation coverage as required by the State of Maryland, as well as any similar coverage required by the State of Maryland, as well as any similar covered required for this work by applicable Federal or “other state’s” state law.

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

D. The EAP shall at all times maintain and keep in force Professional Liability, Errors, and Omissions Insurance at a limit of not less than One Million Dollars ($1,000,000) in the event the service delivered pursuant to this contract, either directly or indirectly involves or requires professional services. “Professional services” for the purpose of this contract shall mean any services provided by a licensed professional such as those provided by EAP provider. E. The

WCBOE,

and

its

elected/appointed

officials,

employees,

departments, agencies, agents, and volunteers shall be covered by endorsement as additional insured with respect to liability arising out of activities performed, or to be performed by or on behalf of the EAP provider. EAP shall provide a certificate of coverage. 10.

Criminal Background Check.

It is the responsibility of Consultant to

make certain, through a criminal background check, that its employees, agents, volunteers, and contractors who may have contact with students are in compliance with Title 5, Subtitle 5, Part VI, of the Family Law Article of the Maryland Code and have not been convicted of nor have pending charges for the commission of or attempt to commit Murder, Child Abuse, Rape, Child Pornography, Child Abduction, Kidnapping of a Child or Sexual Offense as defined by Article 27, Subsection 464, 464A and 464C of the Annotated Code of Maryland. All costs for conducting a criminal background check shall be borne by

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

Consultant. The Consultant and its employees, agents and volunteers shall also be free of tuberculosis. 11.

Student’s Education/Medical/Psychological Records/Consents.

Con-

sultant and its employees, agents, volunteers and contractors shall maintain the confidentiality of all Board of Education records in compliance with federal and state laws. 12.

Compliance with Laws. Consultant shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable to the services to be rendered under this Agreement. Notwithstanding the provisions of Section 13, Consultant’s violation of any of these laws, statutes, ordinances, rules, or regulations constitutes a breach of this Agreement and entitles the Board to terminate this Agreement immediately upon delivery of written notice of termination to Consultant.

13.

Termination for Convenience. This contract may be terminated by either party at any time, without any liability, upon thirty (30) days prior written notice to the other party, provided that Consultant shall be compensated for services rendered prior to the date of termination.

14.

Performance Evaluation. The Board or its authorized agent or representative may conduct an evaluation of the Consultant’s performance under this contract. Consultant shall fully cooperate with the Board or its authorized agent or representative and shall provide such infor-

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

mation and documents as may be requested to conduct the performance evaluation. 15.

Governing Law. This Agreement shall be construed by and governed under the laws of the State of Maryland.

16.

Entire Agreement. This Agreement supersedes all prior oral and written proposals and communications between Consultant and the Board related to Consultant’s services to be performed and validly executed Amendments are herein incorporated by reference to this Master Agreement. This Agreement may not be modified orally, and no modification or any claimed waiver of any of the provisions hereof shall be binding unless in writing and signed by the party against whom enforcement of such modification or waiver is sought.

17.

Waiver. No waiver of any breach of any provision of the Agreement shall operate as a waiver of such provision of this Agreement or as a waiver of subsequent or other breaches of the same or any other provision of this Agreement, nor shall any action or non-action by either party be construed as a waiver of any provisions of this Agreement or of any breach thereof unless the same has been expressly declared or recognized as a waiver by such party in writing.

18.

Contract Monitor.

Communications for the purposes of billing, pay-

ment and submission of documentation required by this Agreement shall be between the Contract Monitors who are as follows: For the Board:

For Consultant:

RFP #2015-67, Employee Assistance Services

Washington County Public Schools Employee Benefits Office

_______________________ Name

____________________________ Name

_______________________ Address

____________________________Title

_______________________ Address

____________________________ City, State, Zip Code

_______________________ City, State, Zip Code

____________________________ Phone Number

_____________________ Phone Number

_________________________ Fax Number

_____________________ Fax Number

_________________________ Tax Identification Number/SS#

IN WITNESS WHEREOF, the parties have signed and sealed this Agreement as of the day first written above. For the Consultant ______________________ Signature

_____________________ Date

_____________________ (Printed/Typed Name) For the Board of Education ______________________ Signature

____________________ Date

______________________ Title Approved for Legal Form and Sufficiency ______________________ Chief Legal Council

Date ________________

Approved By The Superintendent* ________________________________ Signature Clayton Wilcox, Ed.D.

Date ________________

*This contract is not valid and binding upon the Board of Education until approved by the Superintendent of Schools.

ATTACHMENT I SCOPE OF SERVICES The consultant shall provide the following services to the Board of Education: 1. ________________________________________________________ ________________________________________________________ 2. ________________________________________________________ ________________________________________________________ 3. ________________________________________________________ ________________________________________________________ 4. ________________________________________________________ ________________________________________________________ 5. ________________________________________________________ ________________________________________________________ 6. ________________________________________________________ ________________________________________________________ 7. ________________________________________________________ ________________________________________________________ 8. ________________________________________________________ ________________________________________________________

Washington County Public Schools 10435 Downsville Pike

RFP # 2015-67

“NO BID” REPLY FORM To assist us in obtaining good competition on our Invitations to Bid, we ask that each firm that has received an invitation, but does not wish to bid, state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal from the Bidders List by so indicating below.

RFP#: 2015-67

BID TITLE: Employee Assistance Program Services

Unfortunately, we must offer a “NO BID” at this time because, (check all boxes which apply, then sign and return this form): 1.

1. We do not wish to participate in the bid process 2. We do not wish to bid this IFB/RFP due to the Schedule, Terms and Conditions, Specifications as explained below: ________________________________________________________________________ ________________________________________________________________________ 3.

We do not feel we can be competitive.

4.

We cannot submit a bid because of the restrictions placed upon our business by our supplier/manufacturer.

5.

We do not wish to sell to the Washington County Public Schools for the following reason(s): _____________________________________________________________________________

6. Unfortunately, we do not sell the specific items/services upon which bids are being sought at this time. 7.

Other: _____________________________________________________________________________________

We wish to remain on the Bidders List We wish to be deleted from the Bidders List.

FIRM SIGNED