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REQUEST FOR PROPOSALS RFP # ISSUE DATE: April 8, 2016 Issue Title: Therapeutic Day Treatment Services Period of Contract: August 15, 2016 through June 2, 2017 with the option to renew for two (3) additional one-year periods. Bedford County Public Schools is soliciting proposals from interested qualified firms to join our roster of approved therapeutic day treatment (TDT) service providers. Interested firms are to return a minimum of three (3) copies of their response of this Request for Proposal clearly marked, “Therapeutic Day Treatment”. Proposals must be received no later than 4:00 p.m., April 29, 2016 for furnishing the services described herein. Facsimile and electronic submission will not be accepted. Proposals received after this time will not be accepted. All inquiries for information regarding procurement procedures, selection criteria, proposal submission requirement, or other fiscal/administrative concerns shall be directed to: Mr. Randy Hagler, Chief Financial Officer Phone: 540-586-1045 Fax: 540-586-7740 Proposals are to be clearly marked “Therapeutic Day Treatment” and returned to: Bedford County Public schools ATTN: Randy Hagler, Chief Financial Officer 310 South Bridge Street Bedford, VA 24523 Bedford County Public Schools reserves the right to reject any and all proposals in whole or in part and to waive any informality in the request for proposal. No late proposals will be accepted. It is the sole responsibility of the vendors to ensure that proposals are delivered to the address noted above. This solicitation for TDT service providers is for services reimburse through Medicaid. Bedford County Public Schools holds no responsibility for payment of services under this contract. Bedford County public Schools does not discriminate against faith-based organizations in accordance with the Cody of Virginia, section 2.2-4343.1 or against an offer or because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination.

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Request for Proposals

Therapeutic Day Treatment Services

Section Page

1. Purpose 3 2. Background Information 3

3. Period of Contract 3

4. Scope of Services 4

5. Contract Administrator 6

6. Responsibility of Bedford County Public Schools 6

7. Proposals Preparation 7

8. Proposal Submission Information 8

9. Evaluation and Award Criteria 9

Attachment A: Certification of Proposal 10 Attachment B: Schools Calendar 11 Attachment C: Contractor Data Sheet 12 Attachment D: Bedford County Public Schools Terms and Conditions 13

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Section 1 Purpose: It is the purpose of this Request for proposal (RFP) to solicit sealed proposals from qualified firms to join our roster of approved TDT service providers for an initial term of twelve(12) months to Bedford County Public Schools (herein BCPS), with an option to renew for two (2) additional one-year periods. This program shall provide psychotherapeutic interventions for students combined with education and mental health treatment where the student(s) attends school. BCPS anticipates several schools may require TDT services. Bedford County Public Schools will be responsible for providing student referrals and facilitating parental consent for services. Each full-time contract position will be required for approximately seven (7) hours per day. This solicitation for TDT services providers is for services reimbursed through Medicaid. BCPS holds no responsibility for payment of services under this contract.

Section 2 Background Information: BCPS desires to establish a relationship with multiple firms who will be able and capable to provide needed therapeutic treatment services. BCPS makes no promise as to a guaranteed number of hours that will result from a contact award. Services will be performed on an as-needed basis. Scheduling for such services will be coordinated by the school principal or designee. Program administration will be chosen by the Director for Special Services.

Section 3

Period of Contract: The contract period will be effective from August 15, 2016 through June 2, 2017 based on satisfactory service. It is the school division’s intent for this RFP, any addenda, the firm’s proposal, any additional information requested, and any negotiated changes be incorporated by reference into the contract. Upon mutual agreement of both parties, contacts may be extended for up to two (3) additional one-year periods.

Section 4 Scope of Services: The successful offeror will provide qualified and licensed personnel to provide psychotherapeutic interventions combined with education, mental health treatment and other services as follows:

a. Individual behavioral modification/classroom management b. Psycho educational training groups c. Social skills training groups d. Crisis intervention e. Individual and group counseling/therapy f. Case management g. Education support h. Therapeutic recreation and socialization activities i. Diagnostic assessment by licensed and qualified personnel

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j. Medication education and management counseling k. Training in daily living skills l. Should the successful offeror consider it to be in the best interest of a student

enrolled in Bedford County Public Schools to be referred for additional counseling services, the successful offeror should (i) provide the parent with a list of service providers from which the parent can choose, (ii) indicate to the parent that the parent is under no obligation to obtain additional services, and (iii) if the parent chooses to do so, the additional counseling will not be paid for by Bedford County Public Schools.

Service Expectations: the successful offeror shall accomplish the following:

a. Improve and maintain the student’s level of functioning, as associated with targeted behaviors

b. Increase age appropriate skills to peer interaction, socialization and identification of feelings, self-expression and anger management

c. Provide opportunities for each student to receive clinical support and counseling. d. Develops and maintains a plan of safety with regard to child in the program. e. Provide quality, comprehensive and culturally competent services, which are age

appropriate, to respond to the unique needs of each student. f. Empowers and assists the student and family to express needs and accesses

needed services and/or support g. Retains a professional staff who can effectively address the unique needs of BCPS

students. h. The offeror shall meet all requirements to practice therapeutic treatment therapy as

set forth by the federal government, and Virginia Department of Education. i. When absences are unavoidable, the offeror shall make every reasonable attempt to

maintain service delivery with covering personnel. Offeror will follow the BCPs calendar unless otherwise indicated (see attachment B – School Calendar)

j. The offeror shall use all BCPS approved forms that are available and appropriate and where no form is specified will use forms designed at this/her discretion. All information regarding the status of students and program actions shall remain confidential. BCPS shall assume all professional and administrative responsibility for the services rendered

k. The delivery of efficient professional student care will be enhanced by close communication between all involved parties. The offeror shall maintain regular contact with the program administrators. BCPS shall inform the offeror of policies that are to be adhered to.

l. Mileage for travel to and from the worksite will not be reimbursed by Bedford County Public Schools. The Successful Offeror will be expected to invoice for services and receive payment through Medicaid or other 3rd party billing. BCPS will not be held responsible for payment or billing issues related to the Successful Offeror’s services, billing, payments or billing/payment disputes. Bedford County Public Schools will incur no cost for TDTS provided by the Successful Offeror.

Contractor shall provide therapeutic day treatment services to eligible student. According to BCPS procedures, the contractor shall:

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a. Provided a face to face assessment of the student by a Licensed Mental Health Professional to identify the student’s clinical needs, diagnosis and service requirements.

b. Define individualized treatment goals collaboratively between he referred family and student, the educational program and the Qualified Mental Health Professional before the student is able to enter the Therapeutic day Treatment Program

c. Students will receive concurrent mental health treatment, using techniques such as play therapy and behavioral interventions

d. Coordinate with BCPS, parents and the case management agency to transition the student into the Therapeutic Day Treatment Program

e. Continually reassess to determine if the student is appropriate for the Therapeutic Day Treatment program.

f. BCPS will expect the Successful Offeror to collaborate with BCPS personnel on site to minimize the loss of instructional time and disruption of the educational environment in the implementation of the ISP.

g. Fully integrate with eh BCPS staff , with the identified schools(s) being considered their physical place of employment

h. Provide services in the student classroom, and/or defined space for contractor staff to provide therapeutic services within the school, with the student being grouped together in their respective classes

i. Therapy services will be conducted as defined by each student’s individual education plan (IEP), where applicable

j. Contractor will provide one-on-one assistance and concurrent mental health treatment, in the classrooms for each defined group of students

k. Assist BCPS staff with IEP development, as requested by school based administration, coordination of additional required services, classroom preparation and classroom behavioral modification programs

l. Meet with designated treatment team, no less that once per week to insure proper service delivery.

m. All therapists must maintain the confidentiality of any assignment-related information.

Types of Therapeutic Services to be provided: The following services shall be performed by the contractor during the course of this contract:

a. Individual therapy* (during academic day) b. Group Therapeutic Activities* (during the academic day) c. Behavior modification/Behavior Management* d. Case Coordination* e. One-on one assistance within the classroom setting f. Face to face diagnostic assessment and authorization by a license mental health

professional g. Assessment review and update on an annual basis h. Development of Individual Service Plan (treatment Plan) by a Qualified Mental

Health Professional i. Evaluation, medication education and coordination of medication management

services j. Opportunities to learn and use daily living skills and to enhance social and

interpersonal skills (e.g. problem-solving, anger management, community responsibility, increased impulse control and appropriate peer relations)

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k. All services will be provided in accordance with the Individual Service Plan l. Services will be provided by Qualified Mental Health Professionals under the

supervision of a licensed clinician

* The frequency intensity and duration of these services will be individually determined and defined in the student’s individualized service plan and will be implemented as defined according to each client’s specified treatment needs, goals and objectives.

Additional contract Requirement:

a. Contractor shall provide necessary office equipment for their employee, including, but not limited to: computers, cell phones, copiers and fax machines.

b. Contractor shall provide internet access to their employees as required using cellular modems or other technologies that do not require attachment to or use of the BCPS data/telephone network or any infrastructure. TDT providers will not be allowed to access the BCPS network.

c. TDT is responsible for properly handling and safeguarding any student data provided to them by BCPS including adherence to PERPA, HIPPPA and all other applicable laws.

d. Contractor shall conform to normal school operating hours e. Contractor shall provide monthly progress reports to school officials, including

treatment plan updates and other related information f. Contractor shall establish regular operating procedures with the school principal,

including communication practices with teachers, protocol for management of students, periodic meetings and routine clarification of roles.

Section 5

Contract Administrator: the following employee of BCPS is identified to use all powers under the contract to enforce its faithful performance. All orders from BCPS shall be transmitted and communicated through the Contract Administrator or school personnel. As the Contract Administrator, the following individual shall serve as the interpreter of the conditions of the contract and shall use all powers under the contract to enforce its faithful performance. Dr. Anthony Francis, Director of Elementary and Secondary Programs (540) 586-1045

Section 6 Responsibility of Bedford County Public Schools:

a. BCPS agrees to provide necessary space and fixed furnishings needed for delivery of therapeutic day services.

b. BCPS agrees to communicate in a timely manner all necessary information regarding individual student programs or school policies and procedures pertinent to the professional intervention of the therapist.

Special Instructions to the Offeror:

a. Contact with BCPS staff, Representatives and/or Agents:

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Direct contact with BCPS staff, representatives and /or agents other than Purchasing Department staff on the subject of this RFP or any subject related to this RFP is expressly prohibited except with the prior knowledge and permission of the Buyer.

Section 7 Proposal Preparation: Responses to this proposal should include written responses to the

following information in narrative form. a. Qualification of staff: Applicants are to provide information adequately describing

their specific areas of expertise and other background information, which may be useful in the evaluation process. This section should include resumes of essential individuals who would, in all probability, be involved in providing the requested services. Resumes should adequately describe an individual experience and area(s) of expertise. Information pertinent to professional license or certifications held by individual who will be providing services should also be included in the response to this Request for Proposal.

b. Managerial Capabilities: Demonstrate ability to work cooperatively with a variety of individuals and organizations, demonstrate knowledge of special education and related services, demonstrate ability to solve problems and work as a member of a team and ability to meet desired schedules, coordinate with school staff and mutually establish operating procedures by the provider and the school.

c. Past Performance Record and Relevant Experience: Number of years in business, references (provide names, addresses, telephone numbers and fax numbers of individuals or firms who have knowledge of your expertise in area of Therapeutic Day Treatment. References should be related to the local provider’s office proposed to provide services under this contract. A minimum of three (3) references are to be submitted. It is preferred that references be other school divisions), quality of work, services and ability to meet desired schedule, the character, integrity, reliability, reputation, judgments, experience and efficiency of the firm, insurance information, number of current Qualified Mental health Professional (QMHP) registered with your firm (Please list these in separate categories, using the following titles: Physical, Psychiatrist, Psychologist, social Worker, Registered Nurse, Mental Health Worker or Other (to include positions not listed that will play a role in the treatment program), average years of experience for each title listed, provide a copy of any contract or service agreement that would be required by your firm and number and scope of conditions attached to this proposal.

Proprietary Information/Disclosure: Firms are advised that Chapter 43, Section 2.2-4342 of the Code of Virginia (i.e., the Virginia Public Procurement Act) shall govern public inspection of all records submitted by the firm. Such information which the BCPS reserves the right to submit to the School Board attorney for concurrence of the Firm’s claim that it is in fact proprietary. Trade secrets or proprietary information submitted by a firm in connection with this RFP is not subject to public disclosure under the Virginia Freedom of Information Act. However, firm must invoke the protection of this section prior to or upon submission of the data or other materials. Firm must provide a statement that identifies the data or other

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materials to be protected and states the reasons why protection is necessary. Furthermore, Firm shall submit trade secrets or proprietary information under separate cover in a sealed envelope clearly marked PROPRIETARY.

Section 8 PROPOSAL SUBMISSION INFORMATION:

The complete proposal shall include the following certification sheet signed and completed and written responses for all evaluation criteria. Mark outside of envelope with proposal subject, "Therapeutic Day Treatment". Proposals are to be returned no later than 4:00 p.m., local prevailing time, April 29th, 2016, to:

Bedford County Public Schools

ATTN: Randy Hagler, Chief Financial Officer 310 South Bridge Street

Bedford, VA 24523

The Following Information Shall Be Returned With Your Proposal Response:

1. The offeror’s complete proposal, with a written narrative which shall include responses detailing the offeror’s ability to meet the requirements as listed in Proposal Preparation Section of this RFP.

2. Complete the certification of proposal form as provided (Attachment A,

Certification of Proposal). 3. A list of at least three (3) references from jobs equal to or greater than this one including

name, address, telephone number and fax number. (Attachment C, )

Time is of the essence and any proposal received after the announced time and date for submittal, whether by mail or otherwise, will be rejected and returned unopened. Proposals sent electronically or by facsimile will not be accepted.

Responses should be prepared simply and economically, providing a straightforward and concise description of the respondent's capabilities to satisfy the requirements of this request. Emphasis should be placed on completeness of services offered and clarity of content. Questions regarding this request for proposals should be directed to Mr. Randy Hagler, Chief Financial Officer.

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Section 8 EVALUATION AND AWARD CRITERIA: Proposals shall be evaluated by BCPS committee using the following criteria as related

to the BCPS' Requirements outlined in Scope of Services and Proposal Preparation, as well as all other terms and conditions and submission requirements identified herein:

Evaluation Criteria Assigned Weight

(1) Favorable References 15%

(2) Staff/Personnel Assigned 10%

(3) Qualifications/Ability to Perform 50%

(4) Proposed Services 25%

AWARD OF CONTRACT: Selection shall be made of one or more Offerors deemed to be fully qualified and best suited among those submitting proposals for each project on the basis of the evaluation factors identified above. BCPS shall select the Offeror(s) which in its opinion, has made the best proposal, and shall award individual contracts to the Offeror(s). BCPS may cancel this RFP, reject proposals or any portion thereof at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. (Section 2.2-4359, Code of Virginia) Should BCPS determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be awarded to that Offeror. The award document will be a contract incorporating by reference all the requirements, terms, and conditions of this solicitation and the Contractor's proposal as negotiated. Multiple awards may be made, if determined by BCPS to be in its best interests.

CANCELLATION OF CONTRACT: Either party reserves the right to cancel and terminate

a resulting contract, in part or in whole, without penalty, upon 60 days written notice to the other party.

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CARE OF DATA: The selected firm shall take all steps necessary to safeguard any data, files, reports, or other information from loss, destruction or erasure. Any costs or expenses of replacing, or damages resulting from the loss of such data shall be borne by the contractor when such loss or damage occurred through its negligence.

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Attachment A Certification of Proposal – RFP

THERAPEUTIC DAY TREATMENT SERVICES

For Bedford County Public Schools

The undersigned respondent, in compliance with your request for proposals for therapeutic treatment services for Bedford County Public Schools, having examined the specifications and related documents, hereby proposes to furnish all labor in accordance with the specifications.

The respondent certifies that the firm has not combined, conspired, or agreed to intentionally rig, alter, or otherwise manipulate or to cause to be rigged, altered, or otherwise manipulated this proposal for the purpose of allocating purchases or sales to or among persons, raising or otherwise fixing the prices of the goods or services or excluding other persons from dealing with the school division. THE FIRM OF: ___________ Address:

Hereby declares its ability to provide and agrees to provide the services as described in this request for proposal as directed and authorized by BCPS.

Person to contact regarding this proposal:

Name:

Title: Phone: Fax:

Email Address:

Name of person authorized to bind the Firm:

Signature:

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Attachment B

Bedford County Schools Bedford, VA

SCHOOL CALENDAR

2016-17

Dates Description Instructional Professional

Aug. 4-5 New Teacher Orientation

Aug. 5 Professional Development for returning teachers 1

Aug. 8-12 Teacher Workdays (Open House Aug. 11) 5

Aug. 15 First Day of School

Sept. 5 Labor Day Holiday (Offices Closed)

Oct. 13 End of 1st 9 weeks 43

Oct. 14 Teacher Individual and Team Planning Day (School Closed for Students)

1

Oct. 20 Report Cards Go Home

Nov. 7 Conference Day (conferences 12-7) (School Closed for Students)

1

Nov. 8 Election Day (School Closed for Students and Teachers)

Nov. 23-25 Thanksgiving Holiday (Offices Closed)

Dec. 16 End of 2nd 9 Weeks 40

Dec. 19-Jan. 1 Winter Break (Offices Closed)

Jan. 1 End of 1st Semester

FIRST SEMESTER TOTALS

83

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Jan. 9 Report Cards Go Home

Jan. 16 Martin Luther King Holiday (Offices Closed)

Feb. 6 Conference Day (conferences 12-7) (School Closed for Students)

1

Mar. 10 End of 3rd 9 Weeks 48

Mar. 13 * Teacher Individual and Team Planning Day (School Closed for Students)

1

Mar. 17 Report Cards Go Home

Apr. 10-14 Spring Break (Offices Closed April 13-14)

May 26 Last Day of School 49

May 27 Graduation

May 29 Memorial Day (Offices Closed)

May 30and 31 Teacher Workdays 2

SECOND SEMESTER TOTALS

97

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TOTAL FOR BOTH SEMESTERS

180 12

The Bedford County Public School Calendar is initially developed around 180 instructional days. Extra instructional time beyond the 990 hour state minimum, however, can be used for early dismissals, late openings, and make-ups. Due to time scheduled beyond state requirements, the first 5 missed days will not be made up. Dates marked by an asterisk (*) above will be used to make up days or hours missed due to inclement weather beyond the first 5. Only in extreme circumstances will days during Thanksgiving, Winter, or Spring Breaks be used for make up. Every effort will be made to communicate any calendar change to the school community as early as possible as decisions are made. Exams will be the last 4 instructional days of each semester. Teachers may be required to report on snow days.

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Attachment C Contractor Data Sheet

1. Qualification of Offeror: The Offeror shall have the capability and the capacity in all respects to

fully satisfy all the contractual requirements. 2. Years in Business: Indicate the length of time the Offeror has been in business providing the

services in this solicitation: _______________ years ______________ months. 3. References: Offerors shall provide a listing of a least three (3) references for which the

company has provided specified services of the same or greater scope offered within the last three (3) years. Bedford County Public Schools shall not be used as a reference.

(1) Firm Name:

Contact: Mailing Address: Phone: Fax: Dates of Service: (2) Firm Name: Contact: Mailing Address: Phone: Fax: Dates of Service: (3) Firm Name: Contact: Mailing Address: Phone: Fax: Dates of Service:

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INSTRUCTIONS FOR SUBMITTING FIRMS Qualifications of Vendors Owner may make such investigations as it deems necessary to determine the Vendor's ability to perform the work. Owner reserves the right to reject any bids if an investigation of such Vendor fails to satisfy that Vendor is properly qualified to carry out obligations of the Contract. Clarification of Vendors Questions If any Vendor finds discrepancies or omissions in, or should it be in doubt as to the meaning of any part of the Contract Documents, it shall submit to the Owner a written request for an interpretation. Replies will be issued as Addenda, and will become part of the Contract Documents. The Owner reserves the right to interpret the intent of the Contract Documents covering any issue not addressed by written inquiry and published addendum. Receipt and Opening of Proposals Bids will be received at the time and place indicated in the Invitations for Bids (IFB) or as modified by written addendum. The bids will be opened and read aloud publicly at the time stated in the IFB. Any bid not prepared and submitted in accordance with these instructions may be rejected. Bids received after the designated time will not be considered nor opened. Conditional bids may be accepted or rejected at the discretion of the Owner. The Owner shall have the right to reject any or all bids and to waive any informality in any bid received. In addition, the Vendor recognizes the right of the Owner to reject a bid if the Firm failed to submit the data required by the documents or if in any way the bid is incomplete.. Bid Preparation Bids shall be submitted on the Bid Form or a facsimile thereof, in ink. All blank spaces shall be completed. Show numbers in words and figures. Bids shall include all local, state and federal taxes which pertain to this project. All bids shall be submitted in a sealed envelope with the name of the Vendor appearing on the outside of the envelope, and shall include the notation “IFB 2010-01 FLEET.” If forwarded by mail, the sealed envelope shall be enclosed in the mailing envelope. Bid Withdrawal Except as otherwise provided in the Invitation for Bid, no Vendor shall modify, withdraw or cancel its bid or any part thereof, for thirty (30) days after the time designated for receipt of bids.

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Vendor's Representation Each Vendor, by submitting a bid, represents that it has read and understands the bid documents. Each Vendor, by submitting a bid, represents that it has visited the site and is familiar with the local conditions under which the work is to be performed. Laws and Regulations It shall be understood and agreed that any contract awarded on this bid shall comply fully with all Local, State and Federal laws and regulations. Collusion Among Offerors More than one offer from an individual, firm, partnership, corporation or association under the same or different name will be rejected. Reasonable grounds for believing that an offeror is interested in more than one offer for the work contemplated will cause rejection of all offers in which the offeror is interested. Any or all offers will be rejected if there is any reason for believing that collusion exists among the offerors. Participants in such collusion may not be considered in future offers for the same work. Each offeror, by submitting a bid, certifies that it is not a party to any collusive action. Employment Discrimination By Contractor Prohibited 1. During the performance of any contract in excess of $10,000, the successful offeror agrees as follows:

A. The successful offeror will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupations qualification reasonably necessary to the normal operation of the contractor. The successful offeror agrees to post in conspicuous places, available to employees and applicant for employment, notices setting forth the provision of this nondiscrimination clause.

B. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The successful offeror will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. County and School Board Employees No employee of the County of Bedford or the Bedford County Public Schools, Virginia, shall be admitted to any share or part of this contract or to any benefit that may arise there from. Default

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In case of default by the successful offeror, the Bedford County School Board, Bedford, Virginia, may, after notice has been given in writing, procure the services from other sources and hold the successful offeror responsible for any damage resulting from the default. Bedford County or City Business License The successful offeror must comply with the provisions of Bedford County Business License Ordinance where applicable. For further information on the provisions of this ordinance and its relationship to this Proposal, contact the Bedford County Commissioner of the Revenue, 122 E. Main Street, Bedford, Va. 24523 (540) 586-7621. Qualifications of Offerors Each offeror may be required, before award of any contract, to show to the complete satisfaction of the School Board that it has the necessary facilities, ability, and financial resources, to furnish the service specified herein in a satisfactory manner, and the offeror may also be required to show past history and reference which will enable the School Board to be satisfied as to the offeror's qualifications. Failure to qualify according to the foregoing requirements will justify rejection. Termination of Contract Any contract resulting from this solicitation shall remain in force for the full period specified and until all requirements and conditions, before the date of termination, shall have been satisfactorily met and the goods or services accepted, and thereafter until all requirement and conditions shall have been met subject to the School Board's right to terminate for default or for the convenience of the School Board as described in this specification. Termination For Default The performance of work under the Contract may be terminated by the School Board in accordance with this clause, in whole or in part, in writing whenever the School Board shall determine that the vendor has failed to meet the performance requirements(s) of this Contract. The School Board has the right to terminate for default if the vendor fails to make delivery of the supplies or to perform the service within the time specified in the Contract; or the Vendor fails to perform any other provisions of the Contract; or the Vendor fails to make progress so as to endanger performance of the Contract. Any such termination shall be effected by delivery to the Vendor of a notice of termination specifying the acts or omissions of the Vendor constituting the default, stating that the Vendor has the right to appeal such decision and stating the date upon which the termination becomes effective. Termination for the Convenience of the School Board The performance of work under the Contract may be terminated by the School Board in accordance with this clause in whole or in part whenever the School Board shall determine that such termination is in the School Board's best interest. Any such terminations shall be effected by the delivery to the Vendor of a notice

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termination specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective. After receipt of a notice of termination and except as otherwise directed, the Vendor shall stop all work on the date indicated or to the extent specified; place no further orders or sub-contracts for materials, services or work not terminated; terminate all vendors and sub-contracts; settle all outstanding liabilities and all claims; submit to the School Board a claim for payment in the form prescribed by the School Board. The Vendor shall have the right to appeal any determination made by the School Board except the right to terminate. Applicable Law Any Contract resulting from this solicitation shall be governed by and construed according to the laws of the Commonwealth of Virginia. Assignment The successful offeror shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its right, title or interest therein, without prior written consent of the School Board. Relation to County and School Board It is the intent of the parties hereto that the successful offeror shall be considered as an independent contractor and that neither it nor its employees shall, under any circumstances, be considered servants or agents of the County and School Board, and that the County and School Board shall be at no time legally responsible for any negligence on the part of said successful offeror, its servants or agents. It is understood and agreed by the parties that the School Board will not withhold from the contract payments to the successful offeror, Federal or State unemployment taxes, Social Security tax, or any other amounts. Further, the School Board will not provide any insurance coverage or other benefits normally provided by the School Board for its employees. Expenses Incurred In Preparing Proposals The School Board accepts no responsibility for any expense incurred in the bid preparation and presentation, such expenses to be borne exclusively by the offeror. Offeror Responsibility Before submitting a bid, each offeror shall make all investigations and examination necessary to ascertain all conditions and requirements affecting the full performance of the contract. Before submitting a Bid, each offeror shall make all investigations and examinations necessary to verify any representations made by the School Board that the offeror will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful offeror. Ethics in Public Contracting

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This specification incorporates by reference but is not limited to the provisions of law contained in the Virginia Conflict of Interest Act, the Virginia Governmental Frauds Act, and Articles 2 and 3 of Chapter 10 of Title 18.2 of the Code of Virginia, as amended. Additional Information Questions regarding these specifications must be in writing and submitted to the Mr. Randy Hagler, Chief Financial Officer. Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only.

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School Board Contact For Information Where the specification includes a School Board contact for additional technical information, potential offerors are cautioned that any verbal representations made by the named School Board contact shall not be relied upon unless subsequently ratified by a formal written amendment to this specification. The School Board contact for additional general information is Mr. Randy Hagler, Chief Financial Officer. INSURANCE COVERAGE REQUIRED A. The Successful Vendor shall be responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection with the work. The Vendor assumes all risks of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Agreement, or in connection in any way whatsoever with the contracted work. B. The Vendor shall, during the continuance of all work under the Agreement:

1. Maintain statutory Workers' Compensation and Employer's Liability insurance under the Commonwealth of Virginia statutory requirements, to protect the Vendor and the interest of the School Board from any liability of damages for any injuries (including death and disability) to any and all of its employees, volunteers or subcontractors including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia, or which may be hereinafter enacted. 2. Maintain General Liability insurance in the amount prescribed by the School Board, to protect the Vendor, its subcontractors, and the interest of the School Board, against any and all claims arising from injuries to third parties, wherever located, including bodily injury, mental anguish and humiliation resulting from any action or operation under the Agreement or in connection with the contracted work.

3. Attach, or cause to be attached to each liability insurance policy, with the exception of Worker's Compensation, an endorsement to save and hold harmless the School Board from any liability or damages whatsoever arising out of the contracted work in accordance with the following endorsement:

"ENDORSEMENT"

(Firm Name) hereby agrees to indemnify and hold harmless Bedford County School Board, Bedford, Virginia, its officers, agents and all employees and volunteers from any and all claims for bodily injuries and personal injuries to the public, in and up to the amount of $500,000 for each occurrence, and for all damages to the property of others in and up to all of the expenses of litigation, including reasonable attorneys fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission by the Contractor, including his agents, subcontractors, servants, employees, volunteers, or through the mere existence of the project under Contract. It is understood and agreed that the Vendor is at all times herein acting as an independent contractor.

4. Provide an original, signed Certificate of Insurance, evidencing such insurance and such endorsements as prescribed herein, and shall have it filed with the School Board before any work is started.

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5. Secure and maintain all insurance policies of its subcontractors, which shall be made available to the School Board on demand.

6. Provide on demand certified copies of all insurance coverage required on behalf of the Vendor within ten days of demand by the School Board. These certified copies will be sent to the School Board from the Vendor's insurance agent or representative. C. No change, cancellation, or non-renewal shall be made in any insurance coverage without a thirty-day (30) written notice to the School Board. The Vendor shall furnish a new certificate prior to any change or cancellation date. The failure of the Vendor to deliver a new and valid certificate is furnished to and approved by the School Board. D. Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Vendor fail to provide acceptable evidence of current insurance within seven days of written notice at any time during the Contract Term, the School Board shall have the absolute right to terminate this Agreement, without any further obligation to the Vendor, and the Vendor shall be liable to the School Board for the entire additional cost of procuring performance and the cost of performing the uncompleted portion of this Agreement at time of termination. E. Compliance by the Vendor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Vendor and all subcontractors of their liabilities and obligations under this heading or under any other section or provisions of this Agreement. F. Contractual and other Liability insurance provided under this Agreement shall not contain a supervision or inspection exclusion that would preclude the School Board from supervising and inspecting the project as to the end result. The Vendor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. G. Nothing contained in this Agreement shall be construed as crating any contractual relationship between any subcontractor and the School Board. The Vendor shall be as fully responsible to the School Board for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. H. The Vendor and all subcontractors and all sub subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, as it may apply to this Agreement. I. The School Board shall be named as an additional insured in the General Liability policies and it shall be stated on the Insurance Certificates with the provision that this coverage is primary to all other coverage the School Board may possess.

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SPECIFIC REQUIREMENTS OF THIS AGREEMENT

Coverage Required: Limits (Figures Denote Minimum): 1. Workers' Compensation Statutory limits of the Employer's Liability Commonwealth of Virginia

Admitted in Virginia Yes

Employer's Liability $100,000

All States Endorsement Statutory

Voluntary Compensation Statutory 2. General Liability All Items in No. 2 Require:

Completed Operations $500,000 Single Limit Bodily Injury and Property Damage

Broad Form CG & L Combined Each Occurrence

Contractual Liability

Mental Anguish/Humiliation

Independent Contractors

Supervision Escl. Deleted 3. Contractual Indemnity/Hold Harmless Exactly as Specified 4. School Board named as additional insured on General Liability Policies

This coverage as primary to all other coverage the School Board may possess. 5. Thirty (30) Days Cancellation Notice Required 6. The Certificate Must State Agreement Number and Title

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