B.



Issue Date – October 14, 2014Request for ProposalsRecordkeeping and Investment Custodial Services for 403(b) and 457(b) Retirement PlansRFP No. 2015-24PRE-PROPOSAL MEETING:10:00 a.m. Local timeTuesday, October 28, 2014Washington County Public Schools Center for Educational Services10435 Downsville PikeHagerstown, Maryland 21740DEADLINE FOR WRITTEN QUESTIONS:Friday, October 31, 2014DEADLINE FOR SUBMISSION OF PROPOSALS:4:00 p.m. Local timeTuesday, November 11, 2014Deliver to: WCPS Center for Educational ServicesDates/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: freemlis@wcps.k12.md.us.PROCUREMENT SCHEDULERFP Issue Date:October 14, 2014Procurement Officer: Ms. Lisa Freeman, C.P.M. Supervisor of Purchasing Office Phone: (301) 766-2842 Fax: (301) 766-2859 Email: freemlis@wcps.k12.md.usPre-Proposal Conference:Tuesday, October 28, 2014 at 10:00 a.m. local timeWashington County Public SchoolsCenter for Education Services10435 Downsville PikeHagerstown, Maryland 21740Proposal Due Date and Time:Tuesday, November 11, 2014 at 4:00 p.m. local timePurchasing OfficeWashington County Public SchoolsCenter for Education Services10435 Downsville PikeHagerstown, Maryland 21740GENERAL PROJECT TIMEFRAME*ActionDatesIssue RFP for 403(b) and 457(b) vendorsOctober 14, 2014Pre-Proposal ConferenceOctober 28, 2014 10:00 amDeadline for written questionsOctober 31, 2014 4:00 pmProposal submission deadlineNovember 11, 2014 4:00 pmProposals reviewNovember 12 – November 26, 2014Finalist interviewsDecember 1 – December 3, 2014Recommendation for vendor approval to the BOEDecember 16, 2014Implementation with TPA and all vendorsDecember 17, 2014-March 31, 2015Go live date with TPA and all vendorsApril 1, 2015*All dates subject to change as necessaryTABLE OF CONTENTSSections IGeneral Information………………………………..…………………..….…….4-10II Proposal Format……………………..…………………………….….……..….11-12III Criteria for Selection…………………..…...………….………….………….…...13IV Demographic Data…………………………………………………………..…..…..14 VScope of Services…………………………………………………………………15-16VI Technical Questionnaire…………………………………...…………….......17-34VII Pricing Proposal/Program Fees..…………………………………….……..35-36AttachmentsAttachment A, 403(b) Plan Data (Great West Retirement Services)Attachment B, 403(b) Summary Plan DescriptionAttachment C, 457(b) Plan Data (MetLife)Attachment D, 457(b) Summary Plan DescriptionAttachment E, Bid/Proposal AffidavitAttachment F, Professional Service Agreement Attachment G, Mandatory Contract AddendumSECTION I – GENERAL INFORMATIONI.Summary StatementThe Washington County Public Schools (“WCPS”) is seeking proposals for administration and investment services for multiple vendor mutual fund platform voluntary 403(b) and 457(b) plans. Services shall include recordkeeping, administration, communication, investment advisory and investment custodial services for these plans which will be sponsored by the Washington County Public Schools. ? WCPS is seeking to award to multiple vendors, each of whom will have access to a variety of quality mutual funds and fixed annuities, under a platform that will service our employees in the best interest of plan participants and their beneficiaries. Contracts will be awarded for a term of three (3) years, with multi-year renewal options encouraged. All bidders, including independent agents, are encouraged to submit proposals for consideration. This RFP solicitation document contains instructions governing the requested proposal, including the requirements for the information and materials to be included; a description of the services to be provided; the requirements bidders must meet in order to be eligible for consideration; general terms and conditions; specific terms and conditions, proposal forms and other information applicable to this RFP.II. Authority Washington County Public Schools will be the plan sponsor of the 403(b) and 457(b) programs.The Board of Education of Washington County (“WCBOE”) is the legal entity and governing authority that will award any resulting contract. III.Procurement Official 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:Lisa Freeman, C.P.M., Supervisor of Purchasing Washington County Public SchoolsCenter for Education Services10435 Downsville PikeHagerstown, Maryland 21740Telephone #: 301-766-2842Fax #: 301-766-2859E-mail: freemlis@wcps.k12.md.usIV. Contract ManagementThe individual responsible for day-to-day administration and management of the Contract issued pursuant to this RFP shall be the Contract Monitor identified below:Regina Keller, Supervisor of Employee BenefitsWashington County Public SchoolsCenter for Education Services10435 Downsville PikeHagerstown, Maryland 21740Telephone #: 301-766-8991Fax #: 301-766-8727E-mail: kellereg@wcps.k12.md.usV.Pre-Proposal ConferenceA pre-proposal conference will be held at 10:00 AM (local time) Tuesday, October 28, 2014 at the Washington County Public Schools, Center for Education Services, 10435 Downsville Pike, Hagerstown, Maryland, 21740. Attendance at the pre-proposal conference is not mandatory, but all interested bidders are encouraged to attend. VI.e-Bid MarketplacePublic 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 public school projects. For registration requirements, visit 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 bidder being registered on Maryland’s eBid Marketplace. VII.QuestionsThe deadline for questions about this RFP is 4:00 pm (local time) on Friday, October 31, 2014. Questions may be submitted by mail, facsimile, or 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 to all prospective Bidders on the WCPS Purchasing website: . The Bidder shall NOT make contact with any other member of the WCPS staff or any member of the elected Board of Education. Violation may result in rejection of the bid. 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.VIII.Proposals Due (Closing) DateAn unbound original, and nine (9) bound copies of each proposal and one electronic copy provided on a CD or flash drive, must be received by the Procurement Officer, at the Purchasing Office of the Center for Education Services, no later than 4:00 PM (local time) on Tuesday, November 11, 2014 in order to be considered. Requests for extension of this date or time will not be granted. Bidders mailing proposals should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.03.02F, proposals received by the Procurement Officer after November 11, 2014 at 4:00 PM (local time) will not be considered. Proposals may not be submitted by e-mail or facsimile.IX.Duration of OfferProposals submitted in response to this RFP are irrevocable for 120 days following the closing date of proposals or from receipt of Best and Final Offers (BAFOs), if requested. X.Revisions to the RFPIf it becomes necessary to revise this RFP before the proposal due date, amendments will be made only by written addenda to this RFP solicitation document which will be posted on the WCPS Purchasing website and made available to all prospective bidders and interested parties. 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 acknowledged in the bidder's proposal in the Transmittal Letter in the Proposal submittal. Acknowledgement of the receipt of amendments to the RFP issued after the proposal due date shall be in the manner specified in the amendment notice. Failure to acknowledge receipt of amendments does not relieve the bidder from complying with all changes /terms of any such amendment.XI.Cancellations; DiscussionsWCBOE 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 all qualified or potentially qualified bidders in any manner necessary to serve the best interests of the WCBOE. The WCBOE also reserves the right, in its sole discretion, to award a contract based upon the written proposals received without prior discussions or negotiations.XII.Oral PresentationBidders 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. Typically, oral presentations occur approximately one to two weeks after the proposal due date.XIII.Incurred ExpensesThe 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.XIV.Economy of PreparationProposals should be prepared simply and economically, providing a straightforward, concise description of the bidder's proposal to meet the requirements of this RFP.XV.Multiple or Alternative ProposalsNeither multiple nor alternate proposals will be accepted.XVI.Access to Public Records Act NoticeA 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 the State 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, is to be placed in a separation section of the proposal inserted after the "Title Page" and before the "Table of Contents" of the 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).XVII.SubcontractorsThe selected bidder shall be responsible for 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 their 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. XVIII. SubsidiariesIf 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.XIX. Prohibited PersonsIn 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. XX.Consent to No ExceptionsBy submitting an offer in response to this RFP, a bidder, if selected for 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 may be rejected by WCBOE without further correspondence if, in the opinion of the Board, the proposed exception is not in the best interest of WCPS and/or its employees. XXI.Proposal AffidavitA proposal submitted by a bidder must be accompanied by a completed and signed Bid/Proposal Affidavit. A copy of this Affidavit Form is included in this RFP solicitation document as “Attachment E.”XXII.Professional Service Agreement - DRAFTWCPS’ Standard Professional Services Agreement-DRAFT is included in the RFP solicitation document as "Attachment F". It is WCBOE’s intention to utilize this Standard Agreement as the form of any resultant contract. All bidders are advised that if a contract is awarded as a result of this solicitation, the successful bidders will be required to complete and execute WCPS Standard Professional Service Agreement. This Agreement must be completed and submitted within five business days of notification of proposed contract award.XXIII. ArrearagesBy 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.XXIV.Procurement MethodThis solicitation and contract will be awarded in accordance with the competitive sealed proposals process under COMAR 21.05.03.XXV.Verification of Registration and Tax PaymentBefore 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. As time is of the essence, a bidder's failure to complete registration with the Department of Assessments and Taxation in a timely manner may disqualify an otherwise successful bidder from final consideration and recommendation for contract award.XXVI. Financial Capability and StatementsThe bidder shall provide evidence that the bidder has the financial capacity to provide the services by providing copies of the last two (2) year-end financial statements (independently audited). The financial statements must be for the entity proposing to provide services under this RFP and not for any prospective owners or parent companies not directly involved in the provision of services.XXVII. False StatementsBidders 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 (a) 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.XXVIII. Conflict of InterestPotential bidders should be aware that the State Ethics Law, State Government Article, §15-508, might limit the selected bidder’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's proposal under COMAR 21.06.02.03B. . XXIX. Multi-Agency ProcurementWCPS reserves the right to extend the terms and conditions of this bid to any and all other governmental agencies within the state of Maryland that require these services. 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 and private 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. XXX. Objection to AwardAny 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 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. Section II – Proposal FormatProposalsProposals must be sealed and submitted to the Procurement Officer at the Purchasing Office of WCPS Center for Education Services, 10435 Downsville Pike, Hagerstown, Maryland, 21740. This is the only address to which proposals may be submitted. An unbound original, nine (9) bound copies of the proposal, and a flash drive or CD, are to be submitted. Hard copies must be a complete proposal containing all information contained on the CDs/flash drive unless otherwise directed.SubmissionThe proposal must be consecutively numbered from beginning (Page 1) to end (Page “x”).III. FormatA.Transmittal LetterA transmittal letter must accompany the proposal. The purpose of this letter is to transmit the proposal and acknowledge the receipt of any addenda. The transmittal letter should be brief and signed by an individual who is authorized to commit the bidder to the services and requirements as stated in this RFP.B. Title and Table of ContentsThe technical proposal should begin with a "Title Page" bearing the name and address of the bidder and the name and number of this RFP. This should be followed by a "Table of Contents" for the technical proposal. Information, which is claimed to be confidential, is to be identified after the "Title Page" and before the "Table of Contents".C. Executive SummaryThe bidder shall condense and highlight the contents of the technical proposal in a section titled “Executive Summary.” The summary shall also identify any exceptions the bidder has taken to the requirements of this RFP. D.Responses to “Technical Questionnaire”In a concise manner, the bidder shall respond to each questions or request for information in Section VI “Technical Questionnaire” of this RFP. Responses shall describe how the bidder proposes to satisfy the request. If, within the questionnaire, WCPS is seeking agreement to a requirement, the bidder shall state “We agree” or “We disagree” as the response. However, the bidder should not merely rely on a stated agreement to perform the requested work; rather the bidder should outline how the bidder can fulfill the requested tasks in a manner that best meets WCPS’s needs.E. Financial InformationTwo years financial statements and any other data requested or provided should be included as proposal attachments. F. Bid /Proposal AffidavitBidder shall include a completed and signed Bid/Proposal Affidavit as part of its proposal in order to be considered for award of a contract.G. Price Proposal / Program FeesThe Price Proposal shall be submitted by responding to Section VII, Pricing Proposal/Program Fees questions which begin on Page 35 of this RFP solicitation document. The Price Proposal must be complete and address all price information requested in this section of the questionnaire.H. Forms Bidder shall consent to use WCPS Standard Contract for Professional Services in its proposal or note any objectionable terms and conditions to it. Bidders shall include samples and explain the applicability of all application and investment purchase forms proposed as required for delivery of services to employees. Also, any additional contract forms required to be signed and executed by WCBOE should be included. Section III – Criteria for SelectionMandatory Responsiveness RequirementsTo be eligible for consideration, a proposal must be: Timely received from a bidder; Properly signed by the bidder; and, Complete, including the Bid/Proposal Affidavit. Evaluation CommitteeThe Purchasing Officer has selected a committee of qualified personnel to review and evaluate timely submitted proposals. The Purchasing Officer will notify in writing of its selection the responsible bidders whose proposals are determined to be the most advantageous to the WCPS as determined by the Evaluation Committee after taking into consideration all of the evaluation factors. The Evaluation Committee will include: Supervisor of Employee Benefits, Director of Accounting, Director of Human Resources, Supervisor of Purchasing, Chief Financial Officer, Washington County Teachers Association representative, WCPS Educational Support Personnel representative, WCPS Administrator and Supervisor representative, and others, including a professional consultant.PurposeTo be eligible for consideration, it shall be the responsibility of the bidder to meet all specifications and guidelines set forth herein. The WCBOE, at its discretion, will determine the final criteria and process whereby proposals are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by the Board of Education of Washington County.Selection ProcessAfter proposals have been reviewed, the Evaluation Committee will select the bidders whose proposals are highest ranked according to the evaluation criteria. Finalist bidders may be invited to make an oral presentation of the proposal and to submit references as additional information for consideration in the selection process. The Evaluation Committee will make its determination as to whether the contract will be awarded to two, three or more vendors based upon the profile of the bidders and “best fit” platform for serving the various employee groups of WCPS. Section IV - Demographic DataWCPS is located in Hagerstown, Maryland. WCPS employs approximately 2,752 full-time and 340 part-time employees.? There are also approximately 1,000 substitute employees. The annual total payroll is approximately $165.3 million. WCPS currently uses a single vendor for 403(b) plan recordkeeping, and a different single vendor for 457(b) plan recordkeeping. The plans are administered internally, with guidance provided by an outside consultant. The WCBOE is interested in moving to a multi-vendor environment for the 403(b) and 457(b) plan, offering between two and five vendors for employees to choose from. A Third Party Administrator (TPA) firm, TSA Consulting Group, Inc., has recently been secured with a "go live" date of April 1, 2015 for all new employee contributions.The 403(b) plan has been in existence for over 30 years. In the 1990's there were approximately 70 vendors offering services to eligible employees. In 1998, the number of vendors was reduced significantly to eight. In 2009, the WCBOE approved a single vendor/recordkeeper approach for the 403(b) plan. The same vendor has been in place since that approval. All full-time, part-time and substitute employees are eligible to participate in the 403(b) plan. As of September 30, 2014, there were 862 plan participants who had an account balance with the current 403(b) plan recordkeeper. Of those 862 participants, 768 are active employees with a balance. The remaining 94 participants are former employees/retirees who have kept their funds in the plan. A majority of employees with active payroll deductions are contributing a flat dollar amount per bi-weekly pay into their accounts, while less than 100 participants are contributing a percentage of their bi-weekly pay. There are no regular employer contributions to participant accounts. The 457(b) plan was adopted by the WCBOE mid-calendar year 2003. It is available to executive staff, administrators, supervisors and teachers. Participation in the plan has been consistently nominal. As of December 31, 2013, of the 87 employees participating, only 35 have regular consistent payroll deductions. The other 52 employees make plan contributions at the conclusion of the fiscal year when they have the opportunity to convert accumulated annual leave to cash to be transferred into their existing account. There are no regular employer contributions to participant accounts. The same vendor has been in place since plan inception. The current recordkeeper for the 403(b) plan is Great West Retirement Services. Total plan assets as of September 30, 2014 were $21,794,464. The current recordkeeper for the 457(b) plan is Met Life. Total plan assets were $3,537,807 as of December 31, 2013. A list of the current investment options, tickers, if applicable, and total assets for each option is provided as Attachments A and C. It is important to note that all permanent WCPS employees working 2.75 hours or more per day are currently required to pay 7% of their gross salary into the Maryland State Retirement System. Participation in the Maryland State Retirement System is mandatory.Section V – Scope of ServicesThe Washington County Public Schools (“WCPS”) is seeking proposals for administration and investment services for a multiple vendor mutual fund platform voluntary 403(b) and 457 plans. Services shall include recordkeeping, administration, communication, investment advisory and investment custodial services for these plans which will be sponsored by the Washington County Public Schools. ? WCPS is seeking to award to two or more vendors, up to five (5) vendors in total, each of whom will have access to a wide variety of top performing mutual funds, who will service our employees in the best interest of plan participants and their beneficiaries. WCPS is seeking multiple vendor(s) to receive employee contributions beginning April 1, 2015.Vendors will provide at a minimum the following services related to its voluntary 403(b) and/or 457(b) plan:Field service representationInvestment educationInvestment advice /guidance/asset allocation/managed accountsCommunications with plan participantsParticipant service centerPlan recordkeepingPlan-level administration and compliance servicesTrust/custody servicesInvestment products shall consist of mutual funds and fixed annuities from which the plan participants or the plan sponsor can choose. Include share class, fees and expense ratios (including but not limited to, all management, 12(b)-1 and sub-transfer agent fees, and historical performance data. Also, identify if an investment product is anything but a net asset value mutual fund (i.e. identify proprietary mutual fund or sub advised mutual fund.)The 403(b) and 457(b) Plans are not subject to ERISA. WCPS will not require plan participants to transfer assets from existing vendors to new vendors for any contribution prior to April 1, 2015 (date subject to change). However, it is possible that plan participants will choose to transfer some or all of their existing assets to the new vendors. All contributions made by employees after April 1, 2015 will be distributed to one of the approved vendors. Transfers to non-approved vendors will not be permissible for active employees. Vendors are prohibited from giving any gift, favor, loan, reward political contribution, gratuity, entertainment, transportation, lodging or meal to any employee of WCPS. Currently, Great West provides one on-site representative for 15 meeting days per year. The single MetLife representative meets with staff upon employee or employer request.? WCPS would like to increase the on-site frequency to 25 days with the dates to be determined by WCPS.? This would provide for 2 visits per month during the school year, one visit per month during the summer and four visits during July and August for new employee orientations and the new teacher academy. Proposals should include a minimum of 25 on-site service days. All school site visits must be coordinated through the WCPS Employee Benefits Department.Section VI - Technical Proposal/QuestionnairePlease answer all relevant questions to the best of your ability. Please do not leave any question unanswered, as that could deem your bid as non-responsive.THE PHRASE "403(b) PLAN" HAS BEEN USED IN THIS DOCUMENT SOLELY FOR SIMPLICITY. PLEASE ANSWER ALL FOLLOWING SECTIONS FOR 403(b) EXPERIENCE AND 457(b) EXPERIENCE SEPARATELY.Which type of plan are you bidding?403(b)457(b)BothFor the above scenarios, are your contracts considered:Individual contractsGroup contractsGeneral InformationOrganizationPlease provide the following information regarding your company:Full name of company;Home office address; Local business address (if available);Brief overview of your company and history of your organization;Description of all parent/subsidiary/affiliate relationships; Please include an organizational chart of your retirement plan operations.Are there any public agreements to merge or sell your company or parts of your company? ?Yes ?NoIs any portion of your services, including but not limited to recordkeeping services, subcontracted to a third-party provider? If yes, please identify the following information: Name of third party;History of the subcontractor’s organization (including date of entry into the benefits field);Length of contract;Flexibility to terminate contract (with or without cause);Current contingency plans in the event that subcontractor terminates services, is terminated, or is purchased.Please provide the following information regarding your employees: Number of individuals employed by your company;Number of individuals dedicated to the defined contribution market. Please identify your company’s ratings (A.M. Best, Fitch, Moody’s, and Standard & Poor’s) for each of the last 5 years. If your company is not rated or does not have an A.M. Best rating, please explain why not and provide a copy of your company’s financial statements. In addition:Please explain any upgrades or downgrades to your credit ratings that have occurred in the past 2 years; Have you been placed on watch list or outlook by any of the rating agencies? If yes, please explain the reason. Credit RatingsYearRating AgencyA.M. BestFitchMoodyS&P2014????2013201220112010InsuranceNote: If you are using subcontracted on-site representatives, please answer all of Section I.B, as it pertains to those representatives and their company as well as the TPA.Does your company maintain errors and omissions (“E&O”) coverage for both home office personnel and onsite representatives? What company provides your company’s E&O insurance? What is the maximum limit of E&O coverage per occurrence? What is the maximum limit of E&O coverage per representative?In the past 5 years, have there been any claims submitted to your errors & omissions insurance carrier? If yes, please describe. ?Yes ?NoDoes your company provide fidelity bond insurance? If no, please describe what type of insurance your company has to protect against employee theft. In the past 5 years, have there been any claims submitted to your fidelity bond insurance carrier? If yes, please describe. ?Yes ?NoLitigationAre you currently involved in any unresolved litigation regarding your defined contributions services? (Yes or No) Will this restrict, limit, or affect your ability to provide services to WCPS? Any ?Yes ?NoAffect Services?Yes ?NoIf you answered yes to either question, please explain.In the past five years, has your company had any of the following denied, revoked, or suspended: 1) a license to do business, 2) an agent/broker license, or 3) any other license? (Yes or No) Will this restrict, limit, or affect your ability to provide services to WCPS? Any ?Yes ?NoAffect Services?Yes ?NoIf you answered yes to either question, please explain.Has your company ever been involved in any settlements regarding its compliance services for failure to calculate or providing inaccurate calculations on any compliance limits? (Yes or No) Will this restrict, limit, or affect your ability to provide services to WCPS? Any ?Yes ?NoAffect Services?Yes ?NoIf you answered yes to either question, please explain.Has your company been cited by any state or federal regulators for violations of any laws or regulations? (Yes or No) Will this restrict, limit, or affect your ability to provide services to WCPS? Any ?Yes ?NoAffect Services?Yes ?NoIf you answered yes to either question, please explain.Has your company been investigated by the Department of Labor within the past 5 years? (Yes or No) Will this restrict, limit, or affect your ability to provide services to WCPS? Any ?Yes ?NoAffect Services?Yes ?NoIf you answered yes to either question, please explain.In your opinion, what are some of the largest fiduciary concerns K-12 plan sponsors are facing administering their 403(b) plans? Experience & ReferencesWhat year did your company enter the 403(b) marketplace? How many unique 403(b) recordkeeping clients has your company gained and lost each year during the past 5 years? Please do not include: current clients who have added new plans, any clients gained/lost due to mergers or acquisitions, or the purchase of TPAs. In a given year, if the number of clients lost exceeds the number of clients gained, please explain. How many of these gains or losses have been K-12 school systems? Total 403(b) Plans AdministeredYearGainedLost2013??2012201120102009Total K-12 403(b) Plans AdministeredYearGainedLost2013??2012201120102009As of September 30, 2014, what is your company’s (not parent company):Total retirement plan assets under administration;Total defined contribution assets under administration; Total retirement plans under administration;Total retirement plan participants under administration. As of September 30, 2014, what is your company’s (not parent company):Total 403(b) assets under administration; Total 403(b) plans under administration;Under 500 employees;500 - 1,000 employeesOver 1,000 employeesTotal 403(b) participants under administration?As of September 30, 2014, 2014, what is your company’s (not parent company):Total K-12 403(b) assets under administration; Total K-12 403(b) plans under administration;Under 500 employees;500 - 1,000 employeesOver 1,000 employeesTotal K-12 403(b) participants under administration?Total number of single vendor K-12 plansTotal number of dual vendor K-12 plansTotal number of three vendor K-12 plansTotal number of four vendor K-12 plansTotal number of five vendor K-12 plansWhat is the size of your largest, smallest, median and average 403(b) recordkeeping accounts in terms of assets and participants?What is the size of your largest, smallest, median and average K-12 403(b) recordkeeping accounts in terms of assets and participants?Please provide three 403(b) client references for plans which are currently utilizing your recordkeeping service and have similar demographics to WCPS in terms of expected cash flow, asset size, and participants. We will be checking all references. Please include names, mailing addresses, email addresses, and telephone numbers of key contact persons for each reference. As of September 30, 2014, what is your company’s (not parent company):Total 457(b) assets under administration; Total 457(b) plans under administration;Under 500 employees;500 - 1,000 employeesOver 1,000 employeesTotal 457(b) participants under administration?Recordkeeping and AdministrationAuditor ReportPlease provide the following information regarding your SSAE 16 report: Date of the most recent independent quality control audit of your recordkeeping system;Name of auditing company; Total number of all exceptions found; Frequency of audits performed; Please provide a copy of auditor’s most recent SSAE 16 report, as well as their opinion letter. If exceptions were noted in the auditor’s report, please list them along with the corrective steps which your company has taken (please do not refer to attachments). Regarding testing criteria for the SSAE 16 report:How is testing criteria for the SSAE 16 determined?Who determines the test criteria? How many criteria were conducted?How many actual tests were conducted?Systems MaintenanceNote: Please answer the following as it pertains to the recordkeeping system that will be used for WCPS.If an outside vendor provides your recordkeeping system, please identify the outside vendor and describe the arrangement, including terms and guarantees.Was the recordkeeping system developed internally, purchased, or leased from another provider? Does your record keeping system have a formal name? How long has your recordkeeping system been in place? Who has the ultimate responsibility/authority to make sure the system remains current with laws, regulations, client needs, etc?How many business analysts are employed by your firm? How many unique participants have been maintained on the proposed recordkeeping system each year over the past 5 years (2013, 2012, 2011, 2010, and 2009)? How many unique plans have been maintained on the proposed recordkeeping system each year over the past 5 years (2013, 2012, 2011, 2010, and 2009)? Does your recordkeeping system protect participant data? If yes, please describe the security protocols. Have your security protocols failed within the past 5 years? If so, please list the date and describe the security compromise. What has your firm budgeted for a recordkeeping system in 2014 and 2015? How much did you spend on your recordkeeping system over the past 3 years (2013, 2012, and 2011)?What makes your record keeping system and technology unique compared to your competitors?Where are your redundancy centers located? How often do you test your redundancy centers and are they tested for a full fail? In the next few years, how will the Plan Sponsor and Participant experience change based on your firm’s planned technological changes? Internal Revenue Code Compliance How will you work with TSA Consulting Group Inc. (“Compliance Administrator”) to maintain IRS compliance? Loan FeatureDoes your platform allow loans?Are paperless loans available? If yes, how will you communicate with the Compliance Administrator?Will you process a loan? Describe the flexibility in your loan repayment processing.How do you handle delinquent and/or defaulted loans, including plan and participant notification?What responsibility does the Plan Sponsor retain for initial and ongoing loan servicing? What are the loan origination and maintenance fees? How are outstanding loans for both active and terminated employees handled? Can you provide a copy of the loan amortization schedule to WCPS? Are loans subject to IRC Code limitations? Hardship WithdrawalsShould a participant take a hardship withdrawal: Does your company automatically prohibit that participant from making future contributions over the next 6 months? If so, do you notify WCPS or the TPA to stop payroll deductions before issuing the withdrawal?Please describe your process for updating WCPS or the TPA on these participants. Can this be accomplished automatically?How will you work with the Compliance Administrator to make sure hardship withdrawal provisions in the Plan are applied properly?What responsibility does the Plan Sponsor retain for hardship withdrawals?QDRO FeatureHow will you work with the Compliance Administrator to qualify QDRO’s?Interactive Participant ServicesVoice Response Unit (“VRU”)Do you offer voice response services? What is your VRU toll-free number? Can the VRU be activated by voice instruction, keystrokes on the telephone pad, or both?Describe the services available through your VRU.Describe how data is secured within the system (i.e., PIN, audit trail, confirmations).Describe the level of customization available within your VRU.What transactions cannot be performed through VRU?Can a participant elect to move from the VRU to a service representative?How often is the data on the VRU updated? How does the VRU interface with the recordkeeping system?Administration Call CenterDoes your organization offer live administrative support? If yes, do you tape calls? Where is your call center located? How many call center representatives are currently employed? Please identify the toll-free number participants can call to reach a representative?What are the days and hours of availability for telephone account service representatives? What is your average performance for each of the past 5 years, starting with 2013 for:Response time (in seconds)Average length of callPercentage of calls requiring follow-upNumber of callsCall abort ratePercentage of incoming calls totally handled via VRU versus toll-free live service center representative.Percentage of service requests handled via website versus call center and VRU.Do you offer phone services to Spanish speaking participants? Are additional languages available? If yes, please identify the languages which are readily available.Do you offer phone services to hearing-impaired participants? If no, how do these participants communicate with your administration call center?Can your firm provide any dedicated representative(s) for WCPS? If not, please explain how WCPS participants will be handled. Please describe security measures used in the Administrative Call Center to ensure caller identity.C.Internet CapabilitiesDo you offer on-line access at both the plan sponsor and the participant level? If yes, please provide demo links and passwords. Plan Sponsor ?Yes ?NoParticipant ?Yes ?NoWhat is the address of the participant website?Describe the account services and transaction capabilities available through your participant website.Do you have back-up procedures in the event your server goes down? Please explain. Are there any transactions that cannot be processed through your website?If a participant elects to move from the website to a call center representative, describe the interface between the website and the representative.Is all data on the website real-time? Is it also real-time with the recordkeeping system?Does your company have security protocols to protect employee data? ?Yes ?No Have your security protocols ever been compromised? If yes, what have you done to address this??Yes ?NoThe following types of transactions can be processed on your internet site (Yes or No): Loan initialization;Confirmation reports;PIN resets; Request prospectus;Auto-rebalancing;Transaction history data;Deliver statements by email; Online enrollment for new participants; Balance Inquiries;Contribution changes;Beneficiary changes? Please describe your company’s rebalancing capabilities. How often can participants rebalance their accounts (i.e. daily, quarterly, semi-annually, and annually)? If the plan changes investment options, will participants need to re-select the option to rebalance? Does your firm offer a plan sponsor report card measuring the success of the plan? What are some of the benchmarks in the plan sponsor report card? Please provide examples. In your opinion, what are the questions that WCPS needs to be asking to determine if their plan is successful? D. Interactive Participant ServicesPlease provide a sample participant statement.Are participant statements available on the website? How many days after the end of the quarter are participant statements sent by mail? Are there additional costs for mailing statements? How many days after the end of the quarter are participant statements available on the website?Do you provide personalized rate-of-returns on your statements? On your website? What personalized rate-of-return time periods are reflected on the participant statements? What personalized rate-of-return time periods are available on the website? Do you provide participants with the ability to calculate the after-tax impact of different deduction sizes on their take-home pay? CommunicationsCase ManagementPlease identify the external case manager (relationship manager) who will be assigned to work with WCPS staff. Please include their bio with related experience, including number of years employed with your company. To whom does the external case manager report? How often will this individual meet with the external case manager to review WCPS’s plan? Please include their bio with related experience, including number of years employed with your company.Please identify the internal case manager who will be assigned to work with WCPS staff. Please include their bio with related experience, including number of years employed with your company. What criteria did your firm use to determine that these individuals would serve as lead for WCPS? How many years of case manager experience do the proposed case managers each have? Please state the total number of cases, regardless of location or size, which are currently assigned to the proposed case managers? How many are public school system plans? Within the past 5 years, have there been any written complaints filed against any of the proposed case managers? If yes, please describe. Please state whether case managers are salaried or commission-based employees.Please describe the compensation and incentive packages for the case manager. Is the proposed case manager eligible to receive a bonus? Under what conditions?If the proposed case manager will be salary based for this assignment, are they assigned to any other cases where they are compensated on a commission basis? If yes, how many of these cases are assigned on a commission basis?How many cases are jointly shared between the proposed internal and external case managers? If applicable, how many years have they been working together? How often would your firm be willing to meet with WCPS to review the plan? Please provide a sample plan sponsor review report. B.On-Site RepresentativesNote: If you are using subcontracted on-site representatives, please answer all of Section IV.B as it pertains to those representatives and their company.Please list all on-site representatives who will be assigned to work with WCPS participants. Please include their bios with related experience, including number of years employed with your company. How many years of experience as an on-site representative do each of the proposed on-site representatives have?How did your firm determine that this individual would the most appropriate representative for WCPS? What designations and/or licenses are held by each proposed on-site representative? Please state the total number of cases, regardless of location or size, which are currently assigned to the proposed on-site representatives? Within the past 5 years, have there been any written complaints filed against any of the proposed on-site representatives? If yes, please describe. How often do the on-site representative and the external case manager meet to discuss the strategy for communicating the plan to participants? How many cases are assigned jointly to the proposed external case manager and the proposed on-site representative? What is the date that they began working together? What has been your company’s annual historical turnover of on-site representatives? Can your firm provide any guarantees as to how long the on-site representative will be assigned to WCPS? Will your firm allow WCPS to select the on-site representative?Do you permit your representatives to solicit non-sanctioned products? How does your company ensure that non-sanctioned products are not sold? Please state whether on-site representatives are salaried or commission-based employees. If the proposed on-site representatives will be salaried based for this assignment, are they assigned to any other cases where they are compensated on a commission basis? If yes, how many cases are assigned on a commission basis? What does the on-site representative believe has been the most effective strategy or tool to increase participation and salary deferrals? If your firm is not providing the identity of the on-site representative at this time, at what point in the process will this be determined? C.Initial Enrollment CommunicationsHow many enrollment days are you willing to provide? A “day” is defined as 7? hours.How do you communicate with the Plan Sponsor to set up initial enrollment meetings? How many representatives will be available during the initial enrollment process?D. Ongoing CommunicationsPlease confirm that you can provide 25 days of on-site support to meet with participants. ?Yes ?NoIs there any cost of attending the annual WCPS benefits fair? Does this fair take the place of one of the on-site meeting days in your answer to D.1 above? Can your company provide additional days of on-site meeting if WCPS desires them? If yes, what is the cost for each additional meeting?Will your company provide both group seminars and individual meetings to WCPS participants? How do you communicate with the Plan Sponsor to set up ongoing group seminars and individual meetings? Can your firm attend WCPS’s new employee orientations and new teacher academy as part of its communication strategy? Is this included in your proposed number of communication days? What marketing tools does your company use to increase participation or expand participation to non-participants?What marketing tools does your company use to maintain existing participation?Can you provide targeted communications to certain employee groups or demographics? If changes are made to the investment fund line-up, will your company communicate these changes to the participant, or is it the responsibility of WCPS? E. ImplementationIf they are different than the internal and external case manager team, please identify the individuals who will be assigned to this conversion/implementation, the number of years of experience applicable to each, and their respective biographies. What are the various stages of proofing communication materials before they are sent to participants? Describe the process used to ensure that implementation is successful and that key milestones are achieved.Describe the process that will be used to evaluate the quality of the Plan Sponsor's participant census data, and your capacity to scrub the data to make it useful to your systems. Include a discussion of the factors you consider when pricing this service, if it is not offered as part of your fee quote. (Do not include pricing figures in this portion of the response.)Please provide a checklist and proposed time table for the implementation of the following services for a typical plan implementation of this scale:a.Prepare your system to accommodate the plan document.b.Census gathering and importing into your system.c.Employee communication and educationd.Trial payroll / contribution rune.Administration and record keepingf. Custodial / Trustee servicesg.Due diligence requirementsInclude a description of the role and responsibilities of the Plan Sponsor as a participant in all of the above.What is your preferred method of implementation in a multi-vendor environment when working with the Compliance Administrator?Will you guarantee your stated implementation time frame and adjust fees if the original dates agreed upon are not met?What administrative activities will remain a responsibility of the Plan Sponsor after implementation is completed?F. WebinarsPlease describe your ability to conduct webinars to communicate the plan. What makes your webinars unique compared to your competitors? Investment Line-UpInvestment Options1.Please provide the following information regarding all investment professionals who play a role in selecting and reviewing the proposed investment options. Note: If you are using subcontracted persons, please answer Section VI.A.1 as it pertains to those individuals and their company:Name;Years of investment line-up experience, including designations; Years with current company.Please identify the total number of fund families which can be made available to WCPS. Please identify the total number of funds which can be made available to WCPS. If possible, do not include multiple share classes of the same fund. Will your company require that WCPS utilize any of your proprietary funds? If so, what percentage of funds must be your proprietary funds? Please provide a sample announcement letter regarding a fund option change. What asset allocation services can you provide? If so, please list. What firm is providing the “glide path” for your asset allocation services? Are they acting as a fiduciary?How many “glide path” choices are available to WCPS? Does your firm provide software for consultants and Plan Sponsors to build their own customized “glide paths” for target date funds using the underlying funds? Are there additional choices? What services does your firm make available if WCPS chose to outsource the customization of their target date funds?What is the maximum number of options which can be offered to WCPS without affecting pricing? If WCPS exceeds this maximum, what will the charge be for each additional option? Are there any asset classes that the WCPS 403(b) and 457(b) plans are currently not utilizing that your firm would recommend to WCPS? B.Managed Account ServicesPlease identify the option(s) available to assist participants with managed asset allocation of their accounts. For each service offered, please include:a. Product name; Identify the fiduciary for each product;Fee schedule for each product offered.Generally, what is the percentage of your plans currently utilizing this managed account service? C. Capital Preservation StrategyWhat type of investment vehicle is your proposed capital preservation strategy? Are you proposing it for both the 403(b) and 457(b) plans? What is the current net rate of interest being credited to new deposits under this option as of September 30, 2014? Does this option credit “old” deposits with a different crediting rate? If yes, what is the current net interest rate being credited to old deposits as of September 30, 2014? If interest on new deposits is credited on a new money basis, please describe the method used for crediting interest to old money (i.e., banded - different rates credited to different cells or buckets, pooled - portfolio interest crediting, or other).Is the rate declared monthly, quarterly, semi-annually, or annually?Do inactive accounts receive the same interest rate as the rate credited to active accounts?Do you guarantee the current rate on new deposits? If yes, for what period of time? Is this a contractual rate guarantee?Do you guarantee the rate credited to old money? If yes, for what period of time?Do you offer any guaranteed rate minimums? Are there any surrender charges? If yes, please describe. Does your company offer a 90-day or 12-month put? What is the spread or associated fees with your proposed capital preservation strategy? Are there any circumstances where fixed account assets will be transferred or redeemed without incurring a market value adjustment (“MVA”) or surrender charge?Under what circumstances will a MVA occur?D.Self-Directed Brokerage OptionDo you offer a self-directed brokerage option (“SDBO”)? If no, please skip to section VII. ?Yes ?NoIs this SDBO being offered to WCPS? ?Yes ?NoIs online trading available?VI.Guaranteed Withdrawal BenefitDoes your firm offer a guaranteed withdrawal benefit (“GWB”) for participants who wish to annuitize all or part of their 403(b) assets? If so, please describe. In your opinion, if a plan implements a GWB program, what are some additional plan sponsor fiduciary responsibilities for this program? Fee DisclosureCan your firm make fee disclosure available to participants and the plan sponsor? Please provide a sample of a participant fee disclosure form.Will your firm send fee disclosure to participants? Does your firm have the ability to implement Fund Revenue Equalization (zero revenue sharing)?Due DiligencePlease describe what, if any, assistance your firm would provide to WCPS to help complete its due diligence responsibilities.Would such assistance include evaluation of potential replacement products for under performing funds in WCPS’s core investment line-up or default funds?MiscellaneousPlease describe your firm’s value proposition and how it differentiates itself in the marketplace. Looking at the plan’s current demographics and participation rate, please list three ways that your firm plans to bolster the overall readiness of WCPS participants?Please state your firm’s opinion on the use of group vs. individual contracts. Section VII- Pricing Proposal/Program FeesAre there any administrative fees? If yes, please describe all administrative fees including, but not limited to administrative fees on your capital preservation strategy.What is your revenue required (in basis points) to administer this program assuming 25 days of on-site support? Please do not refer to attachments. Please answer for the following scenarios:Your firm is one of two vendors;Your firm is one of three vendors;Your firm is one of four or more vendors.What is your revenue requirement (in basis points) to administer the program if your fund lineup does not include any proprietary options including capital preservation or target date funds assuming 25 days of on-site support? Please answer for the following scenarios:Your firm is one of two vendors;Your firm is one of three vendors;Your firm is one of four or more vendors.What is the amount of revenue (in basis points) generated by the proposed fund line-up? Please do not refer to attachments. Your firm is one of two vendors;Your firm is one of three vendors;Your firm is one of four or more vendors.Can your system accommodate a scenario whereby WCPS utilizes the least expensive share class of a fund and assesses an administrative fee explicitly shown on a participant statement?Please submit standardized investment performance, whereby returns are net of all fees including investment management fees, potential surrender charges and administrative fees. (Vendors submitting investment performance gross of fees may be disqualified from this search.) Please complete this chart and do not refer to attachments. If you are proposing an option, which is not included in the Morningstar Principia database, please include net quarterly returns for the past 5 years in an electronic format. If your proposal includes options with different share classes, your proposal must include the expense ratios for both share classes. Fund NameTicker SymbolMstarCat.3 Months1 YearAnnlzd3 YearAnnlzd5 YearAnnlzd10 YearFund Expense RatioOther Advisory FeesTotal Assets Based ExpensesMgr. Tenure????????????????????????????????? How long does your standard contract guarantee your professional fee schedule?Once the program becomes effective, how often will your company review pricing in order to determine any pricing concessions? Does this review include identification of share classes? Over what time period are your expenses to administer the plan amortized?Other than investment management fees, are there any charges/fees assessed under your program which have not been covered in this section? If yes, please explain.Please provide the following information regarding your self-directed brokerage capabilities:Name of brokerage firm,Annual fees,Transaction feesHow long do you expect this account to take until it becomes profitable for your company?What are the associated costs of your guaranteed withdrawal benefit (GWB) program, if available?Please describe your service guarantees and associated penalties.Please identify any surrender charges in your program. Are they contract-based or deposit-based? Please describe the percentage and time length of charges. PROFESSIONAL SERVICE AGREEMENTBETWEENWASHINGTON 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:Term. This Agreement shall be for a term beginning ____________, 20___ and, unless sooner terminated as provided in this Agreement, expiring on __________________, 20___.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.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 30 days after the date of submission of an invoice and, its approval by the Board’s Contract Monitor.Accounts and Records. Consultant shall provide the following reports: ________________________________________________________________________________________________________________________________________________________________________ These reports shall be in the format requested by the Contract Monitor. 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.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.Subcontract or Assignment. Consultant shall not subcontract or assign any part of this Agreement without the prior written consent of the Board.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.Disputes. Any controversy or claims arising out of, or relating to this contract, or the breach thereof, shall be submitted to the Chief Financial Officer for WCPS for resolution. His decision shall be subject to approval by the Superintendent of Schools or his designee. Pending resolution of a claim, the consultant shall proceed diligently with the performance of the contract in accordance with the Chief Financial Officer's 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 Superintendent. Please refer to the Board of Education of Washington County’s Rules of Procedure in Appeals and Hearings under Section 4-205 or contact the Superintendent’s office at 301-766-2816. Insurance. The Consultant shall procure and keep in force the following required insurance coverages: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.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 or death and property damages. The insurance shall apply to any owned, non-owned, leased, or hired automobiles used in the performance of this Agreement.Workers’ Compensation coverage as required by the State of Maryland, as well as any similar coverage required for this work by applicable Federal or “other state’s” state law.Consultant 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 Agreement, either directly or indirectly, involves or requires professional services. “Professional Services” for the purpose of this Agreement shall mean any services provided by a licensed professional such as those provided by the Consultant.The Board and its elected/appointed officials, employees, departments, agencies, agents and volunteers shall be covered, by endorsement, as additional insured parties with respect to liability arising out of activities performed or to be performed by or on behalf of the Consultant. 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:Consultant’s failure to pay any such compensation, wages, benefits, or taxes; and/orThe supplying to Consultant of work, services, materials, or supplies in connection with or in support of the performance of this AgreementThe 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.Responsibility for Payment of Workers Compensation. Consultant shall be responsible for payment of all Workers Compensation premiums that may result from performance of and compensation for these services, including services provide by students selected to work for Consultant.Conflict of Interest - No agent, officer or employee of WCPS shall in any manner whatsoever, be interested in or receive any benefit from the profits or emoluments of any contract, job, work or service for WCPS. No such officer or employee shall accept any service or thing of value, directly or indirectly from any persons, firm or corporation having dealings with WCPS, upon more favorable terms than those granted to the public generally; nor shall he receive, directly or indirectly, any part of any fee, commission or other compensation paid or payable by WCPS, or by any person in connection with any dealings with WCPS, or by any person in connection with any dealings or proceedings before any branch office, department, board, commission, or other agency of WCPS. No such agent, officer or employee shall, directly or indirectly, be the broker or agent who procures or receives any compensation in connection with the procurement of any type of bonds for WCPS officers, employees or persons or firms doing business with WCPS. No such agent, officer or employee shall solicit or accept any compensation or gratuity in the form of money or otherwise for any act of omission in the course of the contract performance.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 Consultant. The Consultant and its employees, agents and volunteers shall also be free of pliance 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 14, 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.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.Termination for Convenience. This agreement may be terminated by the Board, without any liability, upon five (5) days prior written notice to the Consultant, provided that Consultant shall be compensated for services rendered prior to the date of termination. Consultant is not entitled to any anticipatory profits.Performance Evaluation. The Board or its authorized agent or representative may conduct an evaluation of the Consultant’s performance under this agreement. Consultant shall fully cooperate with the Board or its authorized agent or representative and shall provide such information and documents as may be requested to conduct the performance erning Law. This Agreement shall be construed by and governed under the laws of the State of Maryland.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 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.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.Contract Monitor. Communications for the purposes of billing, payment, and submission of documentation required by this Agreement shall be between the Contract Monitors who are as follows:For the Board:For Consultant:NameNameTitleAddressAddressCity, State, Zip CodeCity, State, Zip CodePhone NumberPhone NumberFax NumberFax NumberTax Identification Number/SS#IN WITNESS WHEREOF, the parties have signed and sealed this Agreement as of the day first written above.For the ConsultantSignature/Authorized AgentDatePrinted/Typed NameApproved by the Superintendent*SignatureDateClayton Wilcox, Ed.D., SuperintendentApproved for Legal Form and SufficiencyChief Legal CounselDate*This contract is not valid and binding upon the Board of Education until approved by the Superintendent of Schools. ................
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