RFP #2017‐01  DATE OF ISSUE: July 14, 2016 

    

Request for Proposals  

for 

 Athletic Training Services 

  

DEADLINE FOR SUBMISSION OF PROPOSALS: 

 July 27, 2016 at 3:00 PM Local Time 

  

Submit Proposals to: 

Queen Anne’s County Public Schools (“QACPS”) 

PURCHASING OFFICE 202 Chesterfield Avenue 

Centreville, Maryland 21617 Telephone (410) 758‐2403 

Fax (410) 758‐8205 

 

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: Jacy Earls, Purchasing Officer for Queen Anne’s County Public Schools. She can be reached by telephone at 410-758-2403, ext. 113, fax at 410-758-8205, and email: jacy.earls@qacps.org.

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INTENT

This request for proposal (“RFP”) provides to those companies interested in submitting a proposal for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit a responsive proposal to Q u e e n A n n e ’ s County Public Schools (“QACPS”). The Board of Education of Queen Anne’s C o u n t y (“QACBOE”) is the legal entity and governing authority that will award any resulting contract. The intent of this Request for Proposals (RFP) is to establish a contract with a qualified, experienced and reliable firm or individuals to provide certified Athletic Training Services to Queen Anne’s County Public Schools (QACPS) two (2) High Schools.

Queen Anne’s County High School 125 Ruthsburg Road Centreville, Maryland 21617 Telephone: 410-758-0500

Kent Island High School 900 Love Point Road Stevensville, Maryland 21666 Telephone: 410-604-2070

GENERAL INSTRUCTIONS The QACPS is not liable for any costs the Offerors incur in preparation and submission of a proposal, participation in the RFP process, or in anticipation of receiving the award of the contract.

One (1) original and two (2) copies of the proposal shall be provided in a sealed envelope marked with the RFP name and number on the outside of the envelope.

Offerors should submit all questions in writing to the Purchasing Officer, Jacy Earls, in accordance with the paragraph to follow. All questions and written answers will be issued in writing as addenda to, and shall become part of, this RFP. All questions and subsequent answers will be provided in writing to all prospective bidders.

If an Offeror has any question regarding this RFP, the Offeror must submit the questions by email or fax to the Purchasing Officer (with the subject line “Athletic Training RFP Question”) to jacy.earls@qacps.org or facsimile at: 410-758-8205, NO LATER THAN July 19, 2016. The Offerors shall not attempt to contact the QACPS by any other means. The Board of Education of Queen Anne’s County shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Purchasing Office.

If the Purchasing Officer deems it necessary to revise any part of this RFP before the proposal response date, the Purchasing Office will issue an addendum to the RFP.

To be considered for selection, copies of proposals must arrive at the Purchasing Office on or before the time and date specified as the deadline for submission. The Purchasing Officer will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure their timely receipt. If the Purchasing Office is closed on the proposal response date, the deadline for submission will be automatically extended until the next QACPS business day on which the office is open, unless the Purchasing Office otherwise notifies all offerors. The hour for submission of proposals shall remain the same. The Purchasing Officer will reject, unopened, any late proposals.

REJECTION OF PROPOSALS The Board of Education of Queen Anne’s County reserves the right to cancel the solicitation for proposals prior to the proposal due date, or, after the due date, reject any or all proposals, without explanation and for any reason, and/or issue a post-bid addendum to ask for revised pricing from all participating and qualified

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bidders. Proposal(s) may be rejected for one or more of the following reasons:

Failure of the bidder(s) to provide the requested information.

Failure of the bidder(s) to respond to any question, request for information, clarification, presentation, or interview.

Failure of the bidder(s) to follow the prescribed instructions for proposal preparation, submission, and

response format.

Collusion, or the appearance of collusion, among or between firms.

Lack of responsibility on the part of the bidder, as determined by the Purchasing Officer.

Submission of a proposal, in whole or in part, that does not meet bid specifications as outlined herein.

Evidence submitted by, or investigation of, bidder fails to satisfy QACPS that bidder is sufficiently experienced and qualified to carry out the obligations of the contract contemplated herein.

Other irregularities or inconsistencies within a proposal deemed significant deviations or issues by the Purchasing Officer.

Offerors are strongly advised to submit their best pricing in their proposal at the outset of this procurement process. Based upon the initial price offers, QACPS may or may not decide not to conduct price negotiations or discussions with any/all offerors. Based on a change in the specifications, or if the price offers exceed the available funds, the Purchasing Officer may invite revised Price offers from finalist companies only.

By submitting its proposal, each Offeror understands, represents, and acknowledges that all of the Offeror’s information and representations in the proposal are material and important, and the QACBOE may rely upon the contents of the proposal in awarding the contract(s). The QACBOE shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission.

USE OF ELECTRONIC VERSIONS OF THIS DOCUMENT This RFP will be made available by electronic means to any prospective offeror upon request. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Purchasing Department’s version of the RFP, the Purchasing Department’s version shall govern.

BID PROPOSAL SUMMARIES Bid summaries are posted on the QACPS website usually within one business day of the public release date: http.//qacps.schoolwires.net. For RFPs, only the names of Offerors responding to this RFP will be publicly disclosed until a recommendation is finalized by QACPS.

E-B ID 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 offerors /bidders are required to register and maintain registration on eBid Marketplace if actively bidding public school projects. For registration requirements, visit www.ebidmarketplace.com to register and “join Maryland’s gateway” to bidding opportunities throughout the State. Awards can only be posted to registered companies. As such, award of this contract is contingent upon the Offeror being registered on Maryland’s eBid Marketplace.

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DURATION OF OFFER Proposals shall be held as firm offers for a period of one hundred twenty (120) days from the date of submission.

QUALIFICATIONS

1. Anyone practicing athletic training in Maryland must be licensed through the Maryland Board of Physicians.

2. The Maryland Board of Physicians requires for that certification that the trainer has an Evaluation and Treatment protocol with his/her supervising physician, which must be submitted to and approved by the Board.

3. Before an athletic trainer may practice, the trainer must obtain a license and enter into a written Board- approved Evaluation and Treatment protocol with a licensed physician.

4. Athletic trainers must be able to demonstrate practical knowledge and understanding of NATA’s publication the Athletic Training Educational Competencies.

5. Queen Anne’s County Public Schools may conduct a thorough investigation of any bidder in order to ascertain the bidder’s ability to successfully perform services under this contract.

6. All personnel proposed by firm/individual must have passed a thorough criminal background check (CJIS or comparable) within the past two (2) years to be considered for placement in schools.

Services

1. Provide at least one athletic trainer at each location for 30 hours per week, which may include holidays, weekdays, and special events.

2. Provide recommendations for physicals for all high school athletic teams at each school. 3. Provide a training room facility assessment. 4. Assist in a training room equipment assessment. 5. Assist in student, faculty, and staff fitness assessment. 6. Assist in developing fitness training programs for QACPS. 7. Develop a complete profile on every individual requiring service. 8. Partner with QACPS’ Employee Benefits Office for wellness activities pertaining to physical fitness. 9. Provide athletic training for summer camps, sports tournaments, and coach’s clinics upon request. 10. Provide athletic training services for all home games including home playoff games. 11. Provide athletic training services to all onsite injuries as well as practice injuries. 12. Establish and maintain records of all participant physical evaluations, injury reports, and hospital records. 13. Provide athletic training appointments to manage QACPS athletic training at all high school locations. 14. Develop and supervise training of other staff to assist with the athletic programs. 15. Assist the QACPS Public Information Department in providing information about the athletic

training program for social media purposes. 16. Assist high school staff with facility maintenance as it pertains to the safe handling and disposal of all

hazardous materials. 17. Develop a student-trainers mentoring program.

Duties of Athletic Trainers

1. Serve as the treatment and supervisor of treatment for all athletic injuries and conditions. 2. Provide basic information and instructions to staff in the prevention and care of injuries. 3. Train, supervise, and schedule trainers for athletic events and practices. 4. Refer athletic injuries to physicians for diagnosis and/or treatment after parental notification. 5. Collect, receive, and file all physicians’ notes and release forms relative to an athlete’s physician. 6. Administer appropriate instructions and treatment as directed by the athlete’s physician. 7. Develop and supervise appropriate rehabilitation programs for athletes. 8. Assist and advise the coaching staff regarding injury prevention, conditioning programs, and the selection,

care and fitting of protective equipment.

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9. Determine continued athlete participation in a game or practice in lieu of the coach. 10. Organize, inventory, and request supplies for the training room/storage location. 11. Attend all home events including practices (precedence will be given to high-injury events). In cases of

scheduling conflicts, the school’s athletic director and/or Supervisor of Athletics, Health, and Physical Education will provide direction.

12. Maintain a clean and organized training room that is well stocked with basic supplies for responding to any medical emergency.

13. Report significant injuries to the athletic office. 14. Maintain injury reports and records using the proper forms. 15. Abstain from coaching or assisting in the coaching of any sport while serving as an athletic trainer. 16. Maintain training room hours before, during and after practices as the schedule permits. 17. Ensure medical kits remain fully stocked and issued to all athletic teams. 18. Ensure that all athletes submit the required Emergency Medical Card and health records. 19. Attend all home and away, varsity football games. 20. Develop Emergency Action Plans. 21. Train and assist with proper fitting of helmets and equipment. 22. Oversee care for all athletes sustaining a mild traumatic brain injury.

QACPS’ Expectations

1. Assist with identification of local physicians who provide annual physicals for high school sports. 2. Refer athletes to physicians who specialize in the care of certain injuries and diseases. 3. Provide training services to all high school athletic teams. 4. Provide coverage at all home athletic events throughout the year. 5. Provide coverage at all athletic practices throughout the year. 6. Provide rehabilitation services to injured athletes. 7. Ensure athletic training availability at multiple practice areas in addition to the designated athletic-trainer

office. 8. Provide coverage for summer conditioning and open facility programs. 9. Provide advice and assistance with the QACPS Wellness initiative. 10. Assist in implementing all policies and procedures issued by Maryland Public Secondary Schools Athletic

Association (MPSSAA). PROCUREMENT SCHEDULE Issuance: July 14, 2016 Deadline for Questions: July 19, 2016, 3:00 p.m. Proposals Due: (1 Original, 1 Copy): July 27, 2016 at 3:00 p.m. Selection: July 28, 2016 Award/Contract Date: August 3, 2016

CONTRACT TERMS The contract shall be effective from the date of Board approval, anticipated August, 3, 2016, through June 30, 2017. By mutual agreement of the parties and finalization of renewal-year pricing, the contract may be renewed from July 1, 2017 for up to four (4) additional and consecutive one (1) year periods. Consent to the next year’s renewal must be confirmed between the parties sixty (60) days in advance of the approaching renewal period.

All terms and conditions of the original RFP will apply to any renewal of this contract unless a written modification to the contract is also agreed upon by the parties.

ESCALATION CLAUSE All costs are to be fully inclusive of all expenses including travel, materials and all fees unless explicitly

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disclosed otherwise on the Form of Price Proposal and must remain firm for the initial contract year. Price changes may be considered annually at the time of renewal, may not exceed the market average and must be approved by the QACPS in advance. QACPS may elect to re-bid the contract in whole or in part rather than incur price escalation for a renewal period. All terms and conditions of the original contract will apply to any renewal of this contract unless a written modification is agreed upon by the parties.

PROPOSAL INSTRUCTIONS

Each Proposer submitting a proposal will be required to present evidence of experience, qualifications, financial responsibility and capacity to perform the requested services. One original and two copies of the proposal are required to be submitted in response to the RFP. Pages should be number in consecutive order and organized in the prescribed format. Proposals must be submitted on standard 8 ½ “ X 11 “ plain white paper printed on one side only.

The Contents of the proposal shall include and be organized in sections in the following sequence:

1. Cover letter

a. Legal name of the firm and principal place of business. b. Summarize how the services will be performed c. Communicate a commitment to perform the services for QACPS d. The offer is valid for a minimum period of one hundred twenty (120) days. e. Contact person, contact telephone number and email for person to call if questions about the bid. f. Must be signed by a principal of the firm.

2. Experience and Statement of Qualifications: a. Provide information on the company’s background, including number of years in business, number

of clients served, number of employees, and area of expertise and core business. b. Provide the project date and scope summaries of recent projects performed by the bidder for

services similar to those requested herein. c. Describe your firm’s ability to meet the service requirements of this project. d. Provide an organizational staffing plan of the personnel who will perform services as outlined in this

RFP. e. Provide the name of physician(s) and athletic trainer(s) expected to be assigned to this project.

How long have these individuals been affiliated with your firm? f. Provide evidence of certifications and resumes of professional athletic trainers. g. Detail experience with K-12 education environments, special education, Medicaid programs and

other applicable experience. h. Describe policies regarding service cancellation/extensions, minimum hours and excluded

events/services (if applicable.) i. Any additional services or information about your Firm that QACPS should consider in the

evaluation of proposals. 3. Clients- Provide three client examples of athletic training services and how the matters were managed. 4. References

a. Provide a minimum of three (3) references of current clients, including the business name, address, telephone, facsimile, email address, primary contract and a description of the type of services.

b. Provide the names and current contract information for each of the three clients including the assigned board certified physician in sports medicine and athletic directors.

5. IRS W-9 Form 6. Financial Statements- provide copies of the most recent annual report and its audited/non-audited

financial statements for two of the recent fiscal periods. (QACPS reserves the right to accept alternative information such as profit/loss income statements or tax returns.)

7. Legal Actions- List briefly and describe any/all legal actions for the past three (3) years in which bidder has been a debtor in bankruptcy, a defendant in a lawsuit for deficient performance under a contract or agreement; administrator or defendant in a criminal action.

8. Plan for Utilization of Minority Contractors/Subcontractor/Suppliers 9. Form of Price Proposal

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a. Must be completed and signed. b. QACPS requires a fixed price for all services under this contract. QACPS will not pay nor reimburse

any travel and lodging costs. Pricing is to be fully inclusive of all travel, overhead, profit, labor, incidentals, insurance, and other expenses related to delivery of athletic training services. 

c. In submitting this proposal, the bidder warrants that prices for the proposed services under this RFP are not higher than prices currently extended to any other governmental agency for the same services in like or similar quantities/scope. 

10. QACPS Bid/Proposal Affidavit- must be completed and signed. 11. QACPS Standard Professional Services Agreement- DRAFT

a. Review and provide a statement of acceptability of the QACPS Agreement as the form of agreement under the resulting contract.

b. Required modifications or alternate language must be disclosed. 12. Mandatory Contract Addendum 13. Insurance

a. Provide a sample certificate of insurance showing current coverage. b. Indicate the bidder’s understanding of the types and limits of coverage that will be required. c. All coverage must be maintained throughout the contract performance period.

BIDDING ERRORS Bidders are expected to fully inform themselves as to the conditions, requirements, circumstances, pre- requisites, qualifications and/or specifications before submitting their proposals. A Bidder's failure to fully inform itself is at the Bidder's sole and complete risk. The Bidder shall have no right to any damages, cost and/or any other remedy at law or equity against QACPS for any miscalculation, misunderstanding, error (either omission or commission), mistake, misinterpretation, and/or the failure by the Bidder to obtain an award of bid, award of contract and/or profits, fees or money from QACPS when the Bidder failed to fully inform itself.

EVALUATION

An evaluation committee will review proposals in accordance with the following evaluation criteria. The Committee will submit its recommendation to the Purchasing Officer and the Director of Operations, who will in turn make a recommendation to the Procurement Review Committee. The Procurement Review Committee will make a recommendation for award to the Queen Anne’s County Board of Education in public meeting August 3, 2016.

Proposals will be evaluated on the following criteria:

1. Experience and qualifications of firms. 2. Understanding of requirements, particularly Maryland K-12. 3. References 4. Trainer qualifications/certifications 5. Staffing plan 6. Prices 7. Other criteria deemed relevant by the Committee.

Recommendation for award will be based upon assessments by an evaluation committee comprised of staff in the instructional departments. Prices will be weighted in relative importance to other factors such as experience, familiarity with Maryland K-12 practices, references, etc.

Be advised that QACPS will consider all offers from qualified individuals acting as independent contractors though preference may be given to agencies with multiple certified staff members. Additional preference may be given to those firms/contractors who maintain an office in, or adjacent to, Queen Anne’s County.

Upon review and evaluation of proposals, QACPS may wish to arrange an interview or telephone conference at a mutually agreed upon time. QACPS will select the proposal that serves its best interest by providing the high quality services at the most competitive rates. QACPS reserves the right to verify all information

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submitted, reject any or all proposals, and to select the proposal that serves in its best interest.

AWARD

Award of this contract is tentatively planned for August 3, 2016. Complete discretion is reserved by QACPS in determining completeness and/or timeliness of proposals, advantages attributable to acceptance of higher prices, allowance of submission of additional data or information, and any other pertinent factors judged to serve QACPS’ interest.

Queen Anne’s County Public Schools reserves the right to accept or reject any or all proposals or to waive informalities, and may also take whatever action is in the best interest of Queen Anne’s County Public Schools.

OBJECTION TO AWARD Any company objecting to the RFP 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 QACPS, 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 instructions may result in the protest being deemed “not filed.” Bid protests received later than five (5) days of the Board Meeting will result in the protest being deemed “not timely.” The QACPS will not respond or address bid protests that do not conform to these instructions.

INVOICING The selected firm/individual shall submit a monthly statement of all billable hours, mileage and expenses incurred directly by Athletic Trainer Personnel. Statements shall be submitted at the end of each month to the A c c o u n t s R e c e i v a b l e for review and authorization of payment. If the Accounts Receivable has questions, he will, without delay, contact the firm/individual for clarification or revised billing. After all questions have been resolved, the Accounts Receivable will sign for authorization to pay and promptly notify the Finance Department to process the payment. QACPS shall pay the contractor this amount within thirty (30) days after receipt of the proper statement.

CONTRACTOR'S RESPONSIBILITIES UNDER THE LAW

1. Contractor shall abide by all QACPS, Local, State and Federal policies and procedures as detailed below while working in our facilities. In addition to adhering to federal, state and county laws, this includes confining its apparatus, storage of materials and operations of workmen to the limits indicated by the maintenance building representative as well as keeping the premises free from accumulations of work material and rubbish and disposing of this rubbish periodically through project completion.

2. The Board endorses the provisions of Public Law 100-690, Title V, Subtitle D (Drugs-Free Workplace

Act of 1988) and Public Law 101-226 (The Drug-Free Schools and Communities Act of 1989) and regulations promulgated there under and establishes a drug-free and alcohol-free workplace and school system.

3. Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain

a tobacco-free school environment.

4. The contractor shall advise the Queen Anne’s County Public Schools (QACPS) of the intention to use any employees that are hired or obtained from any penal pre-release or work-release programs. In the event such employees are used, notification to QACPS shall include name and violation for each individual. The contractor shall take reasonable precautions when selecting such individuals and provide whatever safeguards are necessary for effective supervision. Contractor's employees are not permitted inside school buildings when the nature of the contract is for outside work.

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5. Potential contractors/vendors of QACPS are advised that Maryland law now provides the following mandatory restrictions regarding registered sex offenders performing work or services on school system property:

"A person who enters into a contract with a county board of education or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years, or a fine not exceeding $5,000, or both."

Persons or entities awarded contracts with QACPS are required to certify that no employee, subcontractor, subcontractor employee, or material supplier that is a registered sex offender, will be allowed to enter onto school system property at any time in the performance of the work or services for which the contract is awarded. Such certification is a condition precedent to any contract award, and failure to so certify will be grounds for not awarding a contract. It will be the responsibility of contractors to obtain similar certification from all sub-contractors and material suppliers performing work or services on school system property, and to monitor adherence to this requirement. In the event that QACPS determines that a registered sex offender has entered upon school system property in the performance of work for a contractor/vendor, such will be grounds for termination of the Contract.

6. Agency shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations

applicable to the services to be rendered under this agreement. Supplier's violation of any of these laws, statutes, ordinances, rules, or regulations constitutes a breach of this agreement and entitles the QACBOE to terminate this agreement immediately upon delivery of written notice of termination.

INSURANCE The Contractor must maintain throughout the life of this contract and pay for professional liability insurance covering errors, omissions or negligent acts with limits of not less than $3,000,000. Coverage must include contractual liability. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede start of work on this agreement. A claims-made policy which is not renewed or replaced, must have an extended reporting period of two (2) years. Additionally, the contractor shall procure and maintain against claims under the Worker's Compensation Act and from claims for damage because of bodily injury to others (including employees of QACPS), death to others, damage to the property of others, and claims for damages arising during the performance of the contract whether caused by him or anyone directly or indirectly employed by him. The limits of liability insurance shall not be less than $1,000,000 per occurrence/$3,000,000 aggregate Commercial General Liability, $5,000,000 Automobile Liability. The certificate of insurance shall be made in favor of and unconditionally name as an additional insured, "The Board of Education of Queen Anne’s C o u n t y , C e n t r e v i l l e , Maryland 21617." The certificate of insurance must be provided to the Purchasing Office of QACPS, 202 Chesterfield Avenue, Maryland 21617, within five (5) business days after notice of award and before commencement of the work.

The contractor shall require any/all subcontractors to carry the insurance required herein, or firm may provide the coverage for any or all subcontracts, and if so, the evidence of insurance submitted shall so stipulated. Any and all deductibles on insurance coverage shall be borne by the Agency. Agency and each subcontractor agrees that insurer shall waive their rights of subrogation against QACPS. The Agency expressly understands and agrees that any insurance maintained by QACPS shall apply in excess of and not contribute to insurance provided by the Agency under the contract. If the Agency or any of its subcontractors desire additional coverage, higher limits of liability or other modifications for its protection, the Agency and each of its subcontractors shall be responsible for the acquisition and cost of additional protection.

These same insurance types and limits of coverage will apply whether the bidder is a firm or individual acting as an independent contractor. Individuals are strongly encouraged to obtain price quotes for the required insurance coverage in advance of submitting a proposal to ensure accuracy in the price offer.

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CONTRACT FORM 1. If QACPS accepts a proposal and the Queen Anne’s County Board of Education (QACBOE) awards

a contract, the Offeror will be required to sign a standard Professional Services Agreement (draft attached) with the QACBOE. Please note any objections/exceptions to any of the terms detailed within this draft agreement in the proposal. In addition, the bidder’s submission, addenda, and other documents associated with this RFP solicitation/submission/award process will also become part of the contract.

2. The contract resulting from the acceptance of the proposal 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.

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

4. Included in this RFQ document are legally required “Bid/Proposal Affidavit” and “Contract Affidavit”

forms which will be part of any resulting agreement and govern all work authorized under the contract and Purchase Orders.

CONTACTS The QACPS Purchasing O f f i c e r is J a c y E a r l s , telephone 4 1 0 - 7 5 8 - 2 4 0 3 e x t . 1 1 3 . Questions about this RFP document should be submitted in writing to Jacy Earls, by email; j a c y . e a r l s @ q a c p s . o r g , or by fax; 410-758-8205 and must be received no later the close of business (3:00 pm) on Tuesday, July 19, 2016. All questions will be answered and communicated to all potential bidders by issuance of addenda which will be posted to the QACPS website: http.//qacps.schoolwires.net.

SUBCONTRACTORS Bidders are required to disclose in the bid proposal the name of any subcontractor they intend to employ in performance of this project. The contractor shall remain responsible and fully liable for any/all work completed by their subcontractor(s.)

The QACPS will, throughout the life of this Agreement, have the right of reasonable rejection and prior approval of staff or subcontractors assigned to the project. If the QACPS reasonably rejects the staff or subcontractor, the Contractor must provide replacement staff or subcontractor satisfactory to the QACPS in a timely manner and at no additional cost to the QACPS. The day-to-day supervision and control of the Contractor’s employees or agents shall be the sole responsibility of the Contractor.

NON SOLICITATION OF PERSONNEL During the contract performance period and for a period of twelve (12) months after termination or expiration thereof, each party agrees not to solicit for employment any professional employees of the other party assigned to work on the project without the prior written approval of the other party. The parties further agree this provision is applicable to any resultant contract or subcontract.

DISPUTES

Any controversy or claims arising out of, or relating to this contract, or the breach thereof, shall be submitted to the Director of Operations, and his decision shall be subject to approval by the Superintendent or designee.

Pending resolution of a claim, the consultant shall proceed diligently with the performance of the contract in accordance with the Director of Operations decision. Notice to appellants: Maryland Annotated Code, Education Article Section 4-205(c) (3) provides appellants the right to file an appeal within thirty (30) days after the decision of the county Superintendent.

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Proposer shall include a breakdown of all anticipated expenses which would be the responsibility of QACPS in order to fulfill all services defined in the specification section of this RFP for the following prices:

 Year 1: Extended Annual Total per High School: (30 hrs/week During Regular School Year X 44 Weeks + 10 hrs/week During Summer Break X 8 Weeks = 1,400 Hours:

Unit Price from Above: $ X 1,400 Hours/Year = $

Year2:(LaborRate)HourlyRateforCertifiedTrainerServicesperPerson:

$

Written in words figures

Year 2: Extended Annual Total per High School: (30 hrs/week During Regular School Year X 44 Weeks + 10 hrs/week During Summer Break X 8 Weeks = 1,400 Hours:

Unit Price from Above: $ X 1,400 Hours/Year = $

Year3(RenewalOption1)HourlyRateforCertifiedTrainerServicesperPerson:

$

Written in words figures

Year 3: Extended Annual Total per High School: (30 hrs/week During Regular School Year X 44 Weeks + 10 hrs/week During Summer Break X 8 Weeks = 1,400 Hours:

Unit Price from Above: $ X 1,400 Hours/Year = $

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OneTimeFeeforEquipmentandSupplyAssessment(WrittenReportRequired)

$

Written in words figures StaffingandHoursInformation:

Proposed Number of Staff/Personnel Per High School: . Names of individual employees per high school if known:

List all necessary equipment, materials/supplies which WCPS would be required to provide under any resultant contract:

List any fees or charges that would be applicable under the contract which are not listed on this page above. (If none apply, you must write “NONE”.)

Exceptions- By submitting this Proposal, I/we acknowledge that our firm can meet the qualifications and requirements as detailed and further agree to all terms, conditions and specifications as outlined within this solicitation document except as noted below:

If none, write “NONE”)

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Provide contact information, for a minimum of three previous contracts to include: company/agency names, agency’s contact persons, telephone numbers, contract value, and duration of the contracts. Companies, agencies, or organizations provided may be contacted for references.

1. Reference

2. Reference

3. Reference

I/We certify that this bid is made without previous understanding, agreement, or connection with any person, firm or corporation submitting a bid for the same items and/or services and is, in all respects fair and without collusion or fraud; that none of this company’s officers, directors, partners or its employees have been convicted of bribery, attempted bribery, or conspiracy to bribe under the law of any state or federal government; and that no member of the Board of Education of Queen Anne’s County, Administrative or Supervisory Personnel or other employees of the Board of Education has any interest in the bidding company except as follows: (complete if applicable)

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PROFESSIONAL SERVICE AGREEMENT BETWEEN

BOARD OF EDUCATION OF QUEEN ANNE’S COUNTY AND

THIS AGREEMENT is made as of this th day of , (This date to be inserted by "The

Board") by and between the Queen Anne’s County Board of Education ("the Board"), and Agency")

, Inc. ("the

WHEREAS, the Queen Anne’s County Board of Education needs the services of Certified Athletic Trainers, with regard to providing services, and whereas the Agency possesses the necessary experience and skills, the parties agree as follows:

1. Term. This Agreement shall be for a term beginning on , and, unless sooner terminated as provided in this Agreement will expire on , subject to annual renewal for years by mutual consent of the parties. 2. Services. During the term of this Agreement, Consultant shall provide the services: Athletic Training Services - see attached specifications- on an as needed basis throughout the contract period. Such services are to be provided in coordination with the Queen Anne’s County Board of Education’s Supporting Services. 3. Payment. The Board agrees to pay Agency and Agency agrees to accept, as full compensation for Agency's services under this Agreement, hourly rates of $ , in accordance with RFP #2014-69. Agency shall submit an invoice on a monthly basis detailing the services provided. Payment shall be made within thirty 30 days after the date of submission of an invoice to the Finance Office. 4. Independent Contractor. The Board and Agency recognize and agree that Agency is an independent contractor, and that neither Agency nor any of Agency's employees or agents is an employee of the Board. 5. Subcontract or Assignment. Agency shall not subcontract or assign any part of this Agreement without the prior written consent of the Board. 6. Responsibility for payment of taxes. Agency shall be responsible for all federal, state, and/or local taxes and Social Security liability that may result from the performance of and compensation for these services. The Agency shall complete and file a form W-9 with the Board if applicable. 7. Indemnification. The Agency shall indemnify, defend, and hold harmless the Board and its respective elected officials, employees, departments, 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 its respective elected officials, employees, departments, agents, and volunteers, arising as a result of any direct or indirect, willful, or negligent act or omission of the Agency (or its employees, agents, or volunteers), including any and all claims, costs, and/or losses whatsoever occurring or resulting from Agency's failure to pay any such compensation, wages, benefits, or taxes, and the supplying to Agency of work, services, materials, or supplies in connection with or in support of the performance of this Agreement. 8. Criminal Background Check. It is the responsibility of Agency to make certain that its employees, agents, and volunteers 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 all costs for conducting a criminal background check shall be borne by Agency. The Agency and its employees, agents and volunteers shall also be free of tuberculosis. 9. Student's Education / Medical / Psychological Records / Consents. Agency and its employees, agents, and volunteers shall maintain the confidentiality of all medical, psychological, and student records in compliance with federal and state laws. 10. Compliance with Laws. Agency shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable to the services to be rendered under this Agreement. Agency's violation of any of these laws,

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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 Agency. 11. Termination for Cause: QACPS may terminate the Contract if the Agency:

1. Persistently or repeatedly refuses or fails to supply enough properly skilled personnel or proper materials;

2. Persistently disregards laws, ordinances or rules, regulations or orders of QACPS or other authorities having jurisdiction; or

3. Otherwise is guilty of substantial breach of a provision of the Contract Documents such, but not limited to: (a) Failure to maintain the work schedule; (b) has unsatisfactorily performed the contract (c) fails to respond to requests for services in the time frames required.

For any of the above reasons, QACPS may, without prejudice to any other rights or remedies of QACPS and after giving the Agency seven (7) days written notice, terminate contract with the Agency and may:

1. Accept assignment of subcontracts and 2. Finish the work by whatever reasonable method QACPS may deem expedient.

When QACPS terminates the Contract for one of the reasons above, the Award Bidder shall not be entitled to receive further payment until the services are completed. If the unpaid balance of the Contract sum exceeds the cost of obtaining the services, including necessary expenses, and such cost exceeds the unpaid balance, the Agency shall pay the difference to QACPS. The amount to be paid to the Award Bidder or QACPS, as the case may be, shall survive termination of the Contract. 12. Professionals. In the event the services to be provided by Agency must by law be provided by individuals who are licensed and/or certified, only individuals who are licensed and/or certified in accordance with the law shall provide the required services. All such individuals assigned by Agency to provide services shall maintain their license and/or certification in good standing (not under review or subject to suspension, credentials current) during the entire term of this Agreement. Agency shall, prior to providing services, submit documentation that the individuals assigned to provide services are properly credentialed and are licensed and/or certified to the Department of Curriculum, School Administration and Improvements. 13. Performance Evaluation. The Board or its authorized agent or representative may conduct an evaluation of the Agency’s performance under this contract. Agency shall fully cooperate with the Board or its authorized representative and shall provide such information and documents as may be requested. 14. Governing Law. This Agreement shall be construed by and governed under the laws of the State of Maryland. 15. Entire Agreement. This Agreement supersedes all prior oral and written proposals and communications between Agency and the Board related to Agency’s services to be performed. 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. 16. Standard of Performance. The Agency will ensure that all services will be of the highest professional standards and quality and conform to the specifications. QACPS understands that from time to time, specifically assigned athletic trainers may be unavailable, and that with QACPS' permission, alternate athletic trainers with the same qualifications may be substituted. Approval will be subject to review by the Athletic Director of the High School. Billing shall reflect the classification rate of the on-duty athletic trainer. 17. Warranty. Agency warrants it is financially viable and there are no legal proceedings against it which might jeopardize its ability to perform.

a. Insurance. Agency will provide evidence of medical and commercial general liability insurance coverage naming QACPS as an additional insured prior to starting work under this Agreement.

b. Non-Assignment The Agency shall not sell, transfer, or otherwise assign his/her obligations under this Contract or any portion thereof, or its rights, title or interest herein, without the prior written consent of the Board of Education of Queen Anne’s County. 18. Waiver. No waiver of any breach of any provision of this 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 part 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. 19. Accounts Receivable. Communications for the purposes of billing, payment, performance and submission of documentation required by this Agreement shall be between the Accounts Receivables who are as follows:

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For Board: For Agency:

Mr. Sidney Pinder

Director of Operations 202 Chester f ie ld Avenue

Centreville, MD 21617 Telephone Telephone (410) 758-2403 Fax:

Tax Identification Number/SS #

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

AGENCY

Signature/Date Principal of Firm (Title)

APPROVED

Approved for Legal Form

and Sufficiency

Chief Legal Counsel Mr. Greg Pilewski, Superintendent

Date

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BID/PROPOSAL AFFIDAVIT  

COMAR 21.05.08.07 Bidder shall complete and submit this bid/proposal affidavit to the Purchasing Officer, Queen Anne’s 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 A r t i c l e 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 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):

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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 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

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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, 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 S t a t e 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)

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CONTRACT AFFIDAVIT

MANDATORY CONTRACT ADDENDUM COMAR 21.07.01.25 Bidder shall complete and submit this contract affidavit to the Legal Department of Queen Anne’s 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,

w h i c h 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. 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:

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(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. (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.

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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)