RFQu # 26-SR-004

REQUEST FOR QUALIFICATIONS

FOR

STUDENT PHOTOGRAPHY AND YEARBOOK SERVICES

Issue Date: November 6, 2025 Questions Due: November 25, 2025 Due Date and Time: December 18, 2025, 2:30 PM Pre-Proposal: November 20, 2025, 11:00 AM

Submit Proposals to: bids@hcps.org

Pre-Proposal Access Via Microsoft Teams Meeting: (if applicable) Microsoft Teams meeting Join the meeting now Meeting ID: 248 631 835 189 5 Passcode: 8QW6bH9W

Dial in by phone +1 240-600-1475,,401584840# United States, Bethesda Find a local number Phone conference ID: 401 584 840# For organizers: Meeting options | Reset dial-in PIN https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjZkYTlkM2MtZjRmOC00ZDQ2LThkMzQtYjA4N2Y0NDI5Mjc5%40thread.v2/0?context=%7b%22Tid%22%3a%22c1f6ac53-6b77-4db5-9472-4f104eeac96a%22%2c%22Oid%22%3a%22fe7b8432-fd0f-44eb-8d13-c2c11a30d3e8%22%7d tel:+12406001475,,401584840 https://dialin.teams.microsoft.com/6f6a04b2-0529-4500-9e61-dc925c394de5?id=401584840 https://teams.microsoft.com/meetingOptions/?organizerId=fe7b8432-fd0f-44eb-8d13-c2c11a30d3e8&tenantId=c1f6ac53-6b77-4db5-9472-4f104eeac96a&threadId=19_meeting_MjZkYTlkM2MtZjRmOC00ZDQ2LThkMzQtYjA4N2Y0NDI5Mjc5@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

RFQu #26-SR-004 STUDENT PHOTOGRAPHY AND YEARBOOK SERVICES

TABLE OF CONTENTS

Purpose

Contract Period

Contract Documents

Scope of Services

Data Privacy

Proposed Timeline

Offerors Requirements/Qualifications

Proposal Evaluations

Termination of Contract

RFQu Coordinator

Submittal Response

Response Format

Offerors Cost to Develop RFQu

Additional Information

Insurance

Submittal Requirements

Signature Sheet

Cost Information

Professional Services Agreement Sample

Attachments Required Documentation

Conflict of Interest

Employment of Sex Offender and Other Criminal Offenders Affidavit

Anti-Bribery Affidavit

Debarment Certification

Insurance Requirements

Data Privacy and Security Addendum

Attachment A School List

STUDENT PHOTOGRAPHY AND YEARBOOK SERVICES

1. PURPOSE

1.1 The Board of Education of Harford County Public Schools (HCPS) is issuing this Request for Qualifications (RFQu) for the purpose of soliciting qualified responsive and responsible suppliers to submit proposals for providing student photography and/or yearbook services.

1.2 It is HCPS’ intent to pre-qualify companies that can provide student photography and yearbook services to make available for schools. Schools will have the choice from the list of pre-qualified providers they wish to partner with. There is no guarantee of the amount of work or any minimum dollar amount to any qualified offeror.

1.2 HCPS consists of 54 schools with approximately 38,000 students.

1.2.1 10 High Schools

Aberdeen Harford Technical Bel Air Havre de Grace C. Milton Wright Joppatowne Edgewood North Harford Fallston Patterson Mill

1.2.2 9 Middle Schools

Aberdeen Magnolia Bel Air North Harford Edgewood Patterson Mill Fallston Southampton Havre de Grace

1.2.3 33 Elementary Schools

Abingdon Homestead/Wakefield Bakerfield Jarrettsville Bel Air Joppatowne Church Creek Magnolia Churchville Meadowvale Darlington Norrisville Deerfield North Bend Dublin North Harford Edgewood Old Post Road Emmorton Prospect Mill Forest Hill Red Pump Forest Lakes Ring Factory Fountain Green Riverside George D. Lisby Hall’s Cross Roads Roye-Williams

Havre de Grace William S. James Hickory Youth’s Benefit

1.2.3 2 Other School Locations

Harford Academy Swan Creek School @ CEO (Center for Educational Opportunity)

1.3 It is the intent of this specification to provide the prospective offeror(s) with complete information relative to the total performance of any resultant contract. Offerors are obligated to read and understand all parts of this request for qualifications and to obtain clarification of any part not thoroughly understood.

2. CONTRACT PERIOD

2.1 The contract term shall be agreed upon by both parties, included in the Professional Services Agreement and fully executed. See attached sample.

2.2 The initial term of this contract shall be for one (1) year and shall begin on or about July 1, 2026 through June 30, 2027.

2.3 Harford County Public Schools reserves the right, if mutually agreed upon, to renew this contract under the same terms and conditions for five (5) additional, 1-year periods.

2.4 A proposer submitting a response to this solicitation, automatically accepts the possible renewals as a condition of award and acknowledges that all terms and conditions remain unchanged.

3. CONTRACT DOCUMENT

This RFQu and the agreed upon Professional Services Agreement (PSA) shall serve as the Contract.

Offerors will be expected to sign the PSA within fifteen (15) business days of receipt. If any offeror wishes to take exception to any provision of the agreement or the RFQu, all such exceptions shall be stated specifically and in writing. Offerors are further advised that under certain circumstances the provisions of a proposal can be subject to negotiation.

4. SCOPE OF SERVICES

All proposals must be made based on, and either meet or exceed, the requirements contained herein. All offerors must be able to provide professional personnel experienced in all phases of student photography and/or yearbook services. Offers must clearly describe and fully explain the level of services they provide including but not limited to Elementary Fall and Spring Portraits, Middle School Fall and Spring Portraits, High School Underclass Portraits, High School Senior Portraits, Panoramic Senior Class Pictures, Graduation Pictures, Faculty and Staff Portraits, Dance Portraits, Team, Club, and Group Portraits and Yearbooks. Proposals may be submitted for either student photography services, yearbook services or both. The services to be provided under this Contract shall include but not be limited to below:

4.1 General Services

4.1.1 Offeror shall provide a dedicated representative(s) who shall be responsible for meeting with the designated school representative(s) and available to answer all questions regarding product, service, or financial matters. Representatives must be available for in-school consultations whenever deemed necessary by the school representative(s).

4.1.2 Offeror shall provide all contact information and hours of operation in their Offer.

4.1.3 Offeror must ensure that all representatives of the Offeror perform the services under any resulting contract to be completed in a professional manner. HCPS reserves the right to request the removal of any photographer for any reason.

4.1.4 For all services, Offer must make available fliers and/or posters and reminder fliers and/or posters. Fliers and/or posters must contain:

4.1.4.1 Representative and Photographer Name(s)

4.1.4.2 Hours of photography session

4.1.4.3 Toll-free number and office hours

4.1.4.4 Web Address

4.1.4.5 Pricing

4.1.5 For all services, Offeror shall provide a one-page agreement referencing the parent agreement with the selections of each school for the school year. A copy shall be submitted to the Procurement Office. This one-page agreement shall not contain any additional terms and conditions and must reference the parent agreement between the Offeror and the School District. A sample form must be included with the proposal.

4.1.6 All school photography and yearbook costs shall be paid directly by students or teachers.

No funds shall be disbursed from the school or district.

4.1.7 Offeror shall provide procedures for collection of money for photography and yearbook packages. If money for packages is not collected directly from students, each school reserves the right to require daily pickups of money by the offeror.

4.1.7.2 Offeror is highly encouraged to offer online service capabilities with secure card payment services.

4.1.7.2 Supporting documents detailing transactions must be provided for all online sales.

4.1.8 Commission checks must be issued within thirty (30) days of receipt of final payments from customers along with a full and complete statement to substantiate commission paid.

4.1.8.1. All commission payments must be submitted directly to the Business Services Office.

4.1.8.2 Offeror shall distribute payments by ACH (preferred method) or check.

4.1.8.3 HCPS and all its schools shall not be held liable for any bad debts incurred as a result of the sale of school pictures and any bad debts shall be the responsibility of the Offeror.

4.1.9 All prices shall be F.O.B. Destination and include all charges and fees included in the price of the products and services.

4.1.10 Offeror shall not release, disclose, sell, or otherwise use student names, address, or other personally identifiable information regarding student or the parent/guardians. Information collected may only be used for the purpose intended by the solicitation and its resulting contract. Offeror must adhere to all data privacy requirements in accordance with this solicitation and all relevant laws and regulations. Failure to comply with data privacy requirements may result in the default of the contract by the Offeror and may be subject to contract termination for cause and/or further legal action.

4.2 Student Photography

4.2.1 Photographic services for all elementary, middle, and high school levels including individual color photographs of all students and staff at the school.

4.2.1.1 In accordance with applicable state laws, Offeror shall make no obligation to students and parents to purchase portraits.

4.2.1.2 Offeror shall not send unsolicited packages home and may not charge nor threaten to charge parents/guardians who fail to return packages.

4.2.1.3 Offeror must include information stating that they are under no obligation to purchase portraits on all materials sent to students and parents/guardians.

4.2.2 All students shall be photographed for yearbook publication at no charge to school, students, or parents. Students and parents shall have no obligation to purchase photographs.

4.2.3 Photography quality shall meet all yearbook publication requirements (uniform sizing/cropping, pose, head size, background color and/or attire) and shall be deemed satisfactory to student, parents, and school representative(s).

4.2.4 Principal or school representative shall provide approval for all pictures.

4.2.4.1 All pictures not approved shall be destroyed by Offeror.

4.2.5 Offeror shall work with school representative(s) to establish dates for all photography service needs allowing minimal interruption to classroom activities.

4.2.6 Offeror shall make available the necessary experienced personnel to adequately support the picture-taking process, collection of monies, and distribution of photographs.

4.2.6.1 Offeror shall make available a sufficient number of cameras and personnel to allow completion of photography within a designated but reasonable amount of time as set by the responsible school representative(s).

4.2.6.1.1 Photographer(s) shall adhere to the standard of one (1) camera per two hundred fifty (250) students.

4.2.7 All photographs shall be taken with state-of the art, professional photography equipment that meets or exceeds current industry standards.

4.2.8 Offeror shall provide refunds or retake pictures, if necessary, at the option of the student, parent, or school representative. Offeror must make available the option for one (1) retake at no charge. Additional retakes may be subject to a charge. All refunds shall be provided within thirty (30) days.

4.2.9 All pictures shall be free of defects and printed on quality photographic paper.

4.2.9 Any photographs containing defects must be reprinted and replaced within five (5) business days.

4.2.10 All refunds shall be provided within thirty (30) days.

4.2.10.1 Offeror shall provide prepaid labels for the return of photography packages if needed.

4.2.11 Offeror shall coordinate with school representative(s) as necessary to cover group, club, and team photographs as requested. Offerors shall include pricing information for these services in their Offer.

4.2.12 Offeror shall make available a flash drive (or other electronic media) of student photography for use by the school administration within fifteen (15) calendar days.

4.2.13 Offeror shall provide each school with a report for each photography session including:

4.2.13.1 Students photographed.

4.2.13.2 Students not photographed.

4.2.13.3 List of orders placed by students.

4.2.14 Offeror shall provide an annual usage report of services provided and commissions paid during each school year (August – June) identified by school location which shall be submitted to the Business Services Office no later than July 30th each year.

4.2.15 Photography packages

4.2.15.1 Offeror shall deliver individual photo packages clearly labeled with student names.

The school representative and offeror representative shall mutually determine the sorting arrangement of photo packages to aid with ease of distribution.

4.2.15.2 Offeror shall work with school representative(s) to establish dates for all yearbook related dates and deadlines to facilitate yearbook creation process.

4.2.15.3 Offeror shall provide identification cards at no additional cost.

4.3 Yearbooks

4.3.1 Offeror shall produce school yearbooks for elementary, middle, or high school levels. Offers shall include all options available including but not limited to trim sizes, paper stocks, bindings, cover, end sheets, type styles and sizes, photography, proofs, graphics design assistance, use of color, etc. Pricing must be provided for all available options included with Offerors response.

4.3.2 Offeror shall make available the necessary experienced personnel to adequately support the yearbook creation process, collection of monies, and distribution of yearbooks.

5. DATA PRIVACY

5.1 Offeror acknowledges that the services to be provided pursuant to this agreement involve a Harford County Public Schools function for which HCPS would otherwise use employees. Offeror agrees to maintain the confidentiality and privacy of student records in accordance with applicable state and federal privacy laws ("FERPA" at 20 USC 1232g and 34 CFR part 99; Md. Code Ann., State Government §10-616{k); Md. Reds. Code § 13A.08.02.0S) and further acknowledges that as an independent contractor providing a service for HCPS, Offeror accepts responsibility to preserve the confidentiality and privacy of all student records to the full extent required by the Board under FERPA. Offeror agrees that it will use any photos/images of students solely for the purposes set forth in the agreement and for no other purposes. For the avoidance of doubt, Offeror is authorized to sell student photos to parents and those with whom parents share their Supplier credentials.

This does not apply to and "student information" does not include (a) information collected by Supplier from customers who opt to purchase products directly from Offeror and/or establish a Offeror family account; or (b) Supplier photographs sold to such customers. In all cases, Offeror is and remains the copyright owner of its photographic images.

5.2 Offeror is aware that it is receiving student information in compliance with the requirements and exceptions outlined in FERPA. Offeror acknowledges that it must comply with said law and regulation and safeguard student information. Offeror may not re-disclose the information to a third party without prior written consent from the parent or eligible student.

5.3 Offeror fully understands that an intentional disclosure by it of student educational records or personally identifiable information to any unauthorized person could subject it to criminal and civil penalties under law.

5.4 Offeror will employ security measures in the transmission and storage of student information that are, at a minimum, within industry standards and that pose extremely little risk of breach of confidentiality of data.

5.5 Offeror will indemnify and hold HCPS harmless against any violation by Offeror of FERPA or other applicable privacy laws with respect to Offeror’s transmissions, storage, use and disclosure.

5.6 All student information will be released to Offeror only by Harford County Public Schools Office of Technology and Information Systems or as otherwise agreed by the parties. Offeror will not request student information directly from any school within the district.

5.7 HCPS will provide Offeror with the following information.

5.7.1 Student Name

5.7.2 Home Address

5.7.3 School Name

5.7.4 Grade Level

5.7.5 ID Number

5.7.6 Homeroom Number

5.7.7 Homeroom Teacher Name

5.7.8 Other data as determined by HCPS and in its sole discretion

5.8 Supplier must destroy any student information received from Harford County Public Schools, when it is no longer needed for the purposes listed in this Amendment.

5.9 No other solicitation of data (i.e. from schools) beyond the Office of Technology is permitted.

5.10 Offerors will be required to sign the Student Data Privacy Security Addendum included in Attachments.

6. PROPOSED TIMELINE

Date Description

November 6, 2025 RFQu Project Posted to HCPS Website and eMaryland Marketplace

November 20, 2025 Pre-Proposal Meeting

November 25, 2025 Question Deadline - due before 2:30 PM (EST)

December 9, 2025 Addenda released (if necessary) Addenda addressing questions received prior to the question deadline will be posted on HCPS website and eMaryland Marketplace.

December 18, 2025

Submittals Due before 12:00 PM (EST)

E-Mail to: bids@hcps.org Subject: 26-SR-004 Student Photography and Yearbook Service mailto:bids@hcps.org

January 12 – January 29, 2026 Evaluate Submittals

July 1, 2026 Tentative Contract Start Date

7. OFFERORS REQUIREMENTS / QUALIFICATIONS

7.1 Minimum Requirements

7.1.1 Offerors must have been in business for at least the past five (5) years. Any respondent who does not provide sufficient evidence to substantiate this may be deemed non-responsible.

7.1.2 Offerors must provide photographers who are adequately trained in photography to meet or exceed current industry standards. Any respondent who does not provide sufficient evidence to substantiate this may be deemed non-responsible.

7.2 All respondents submitting a proposal shall be authorized to transact business in Maryland and considered in “Good Standing” (all fees, taxes, and penalties owed to Maryland are paid). Any respondent not considered in “Good Standing” may be deemed non-responsible. Visit the following website to ensure compliance or to register: https://egov.maryland.gov/businessexpress. (HCPS bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.)

7.3 All respondents must not have any “Exclusions” (respondent cannot be debarred or suspended). If the indicator box is “green” and states “Entity” this vendor is not suspended or debarred. If a respondent’s name does not appear after searching, the respondent does not have an “Exclusion”.

Visit the following website to ensure compliance: https://sam.gov/SAM/pages/public/index.jsf (HCPS bears no responsibility for accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content). If the indicator box is “purple” and states “Exclusion” the respondent may be deemed non-responsible.

7.4 Respondent shall furnish to HCPS any requested information and data/documentation. HCPS reserves the right to reject any proposal if the information or documentation submitted by the respondent or investigation of such respondent fails to satisfy HCPS that such respondent is properly qualified to carry out the obligations of the Contract and to complete all requirements contemplated therein.

7.5 Offerors shall complete and return with their offer references as required by Tab 5 under Submittal

Requirements. Failure to submit relevant references may deem Offerors as non-responsible.

7.6 HCPS will not be responsible for errors, non-working phone numbers, inaccurate email addresses or people no longer employed with the firm or do not respond.

8. PROPOSAL EVALUATION

8.1 Along with the fulfillment of the RFQu, any legal requirements and Offeror’s proposal submissions, the following criteria will be utilized to evaluate those proposals:

8.1.1 Recognition & suitability of offeror, offeror’s name, appropriateness of proposed program(s) and content.

8.1.2 Overall ability of offeror’s proposal to meet the scope of services and requirements of

HCPS.

8.1.3 Overall financial value to HCPS and staff.

https://egov.maryland.gov/businessexpress https://sam.gov/SAM/pages/public/index.jsf

8.2 HCPS reserves the right to request clarification of and/or additional proposal information that may be required for evaluation of proposals. As noted above, however, this does not include the negotiation of the terms of any proposal.

8.3 The contract, if awarded, will be awarded to the offerors whose proposals are deemed to be the most advantageous to HCPS based on the factors stated above.

8.4 Offerors are advised that in the event of receipt of an adequate number of proposals, which require no clarification or supplementary information, such proposals may be evaluated without further discussions. Therefore, initial proposals should be submitted on the most complete and favorable terms and conditions. Should proposals submitted require additional clarification or supplementary information, such information shall be submitted in a timely manner.

8.5 In determining the qualifications of an Offeror, HCPS will consider the Offeror’s record and performance of any prior contracts with HCPS or other public bodies, including but not limited to the Offeror’s providing similar programs/services to HCPS, other schools, or school districts.

HCPS reserves the right to reject the proposal of any Offeror if the investigation discloses that the Offeror, in HCPS’ opinion, has not properly performed such prior contracts or has habitually and without just cause neglected the payment of bills or has otherwise disregarded its obligations to subcontractors or employees.

8.6 After review of proposals, HCPS, at its sole discretion, may ask individual offerors to make oral presentations, informal telephone interviews or demonstrations without charge to HCPS.

8.7 HCPS reserves the right to negotiate or modify any element of the proposal to ensure that the best possible arrangement for achieving the stated purpose is obtained.

8.8 Proposals shall be evaluated, and the offeror notified of the results.

9. TERMINATION OF CONTRACT

9.1 Termination for Default

9.1.1 If the Provider fails to fulfill its obligations under this contract properly and on time, otherwise violates any provision of the Contract, HCPS may terminate the Contract by written notice to the Provider. The notice shall specify the acts of omissions relied on as cause for termination.

9.1.2 All finished or unfinished supplies and services provided by the Provider, shall at HCPS’ option, become HCPS property. HCPS shall pay the Provider fair and equitable compensation for satisfactory performance prior to receipt of Notice of Termination, less the amount of damages caused by Provider’s breach.

9.1.3 If the damages are more than the compensation payable to the Provider, the Provider will remain liable after termination and HCPS can affirmatively collect damages.

9.2 Termination for Convenience

HCPS may terminate all or part of the work required under this contract for the convenience of HCPS with ninety (90) days notification. In the event of such termination, the Contract Administrator shall determine the costs the Provider has incurred to the date of termination and such reasonable costs associated with the termination. HCPS shall pay such costs as determined by the Contract Administrator to the Provider together with reasonable profit reasonably earned by the Provider to the time of termination but not to include any profit not earned as of the date of termination.

10. RFQu COORDINATOR

Upon release of this RFQu, all communications should be directed in email to the RFQu Coordinator listed below. Unauthorized contact regarding this RFQu with other HCPS employees may result in disqualification.

Any oral communication will be considered unofficial and non-binding on the School District. Questions regarding this document must be submitted to the following RFQu Coordinator:

Name: Sara Rowe, NIGP-CPP, Procurement Agent

Email: sara.rowe@hcps.org

Phone: 410-638-4082

11. SUBMITTAL RESPONSE

All proposals shall be emailed to bids@hcps.org. Mark subject line - RFQu #26-SR-004 and STUDENT PHOTOGRAPHY AND YEARBOOK SERVICES. Only electronical submittals will be accepted. It is the Offeror(s) responsibility to verify that the Proposal has been received, prior to the due date. ‘Read Receipts’ are not sufficient. Offeror(s) may contact the Procurement Agent listed within the solicitation, by email or phone, to confirm receipt of bids.

12. RESPONSE FORMAT

Request for Qualifications should be prepared simply and provide the information requested.

12.1 Offerors shall submit the following:

12.1.1 Proposal

12.1.2 Required Documentation

12.1.3 Cost and Rebate Information

12.2 If confidential materials are submitted, offerors are requested to submit one (1) additional electronic copy of their submittal for the purposes of Freedom of Information Requests. The redacted electronic copy shall be marked “Redacted Copy”. It is understood that this copy may be made available to any requesting party without prior consent or approval from the originator. Blanket requests for the entire proposal to be held confidential will not be considered.

13. OFFERORS COST TO DEVELOP REQUEST FOR QUALIFICATIONS

Costs for developing responses to this RFQu are the obligation of the Offeror and shall not be chargeable in any manner to HCPS.

14. ADDITIONAL INFORMATION

14.1 This RFQu imposes no contractual obligation whatsoever on the part of the HCPS or Offeror.

14.2 Offeror is to submit electronically a “Complete Technical Proposal” that contains original signatures

(no signature photocopies or signature stamps permitted) for HCPS analyzation purposes.

14.3 HCPS reserves the right to reject any or all proposals or not award a contract.

14.4 If an offeror discovers any ambiguity, conflict, omission or other error in the specifications, offeror shall immediately notify the Procurement Department of such error and request clarification of the document. Offeror understands that the only official answer or position of HCPS will be the one stated in writing by the RFQu Coordinator, or in their absence an authorized representative.

14.5 For Information Technology (IT), Operational Technology (OT), and Software solicitations ONLY.

Should HCPS receive responses that offer products of similar cost and functionality, HCPS reserves the right to award a contract to the more secure offering and/or supplier to meet cybersecurity requirements as outlined by the National Institute of Standards and Technology.

15. INSURANCE

Please review in detail the insurance requirements contained in the attached document. These requirements are recommended by the Maryland Association of Boards of Education Group Insurance Pool. Please have your insurance agent/company receive these insurance requirements prior to submitting a response. Failure to comply with these insurance requirements may render your submittal as non-responsive.

A Certificate of Insurance verifying coverage and limits as specified in “Insurance Requirements” or a letter committing to obtain the required coverage and limits as specified, must be submitted with your response.

Failure to provide this information may deem your submittal as non-responsive.

16. SUBMITTAL REQUIREMENTS

Proposals for this Request for Qualifications should include the following:

16.1 Tab 1 – Organization Overview (Weighted Value 15 Points) - A brief profile of the organization including:

16.1.1 A brief history of the organization

16.1.2 Brief explanation of the structure of the organization

16.1.3 Total number of personnel

16.1.4 Ownership interests

16.1.5 Active venues of the organization (counties, states, etc.)

16.1.6 Present status and projected direction of organization

16.1.7 Designation of the legal entity by which the organization operates and documentation from the appropriate state’s agency confirming the legal entity type (i.e., sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.)

16.1.8 Organization Background including Accomplishments

16.1.9 List of facilities and photography equipment

16.2 Tab 2 – Experience of Personnel (Weighted Value 20 Points)

16.2.1 Formal education and experience of staff.

16.2.2 Expertise and experience.

16.2.3 Submit the names of ALL team members and their proposed roles in the process.

16.3 Tab 3 – Qualifications and Capabilities (Weighted Value 20 Points)

16.3.1 A detailed description of the types of products and services offered by the Offeror

16.3.2 The grade levels served by vendor (Elementary, Middle, High or All)

16.3.3 Offeror shall include information on past experience with similar projects and/or services.

16.3.4 The number of years the Offeror has provided similar services.

16.3.5 The number of clients/customers and geographic locations that the Offeror currently serves.

16.3.6 The Proposers approach and methodology of how the services herein addressed will be provided and submit any applicable artifacts.

16.3.7 The Proposers implementation plan and market strategy to mobilize services.

16.3.8 Proposer’s Responsibilities

16.3.9 Harford County Public Schools Responsibilities

16.4 Tab 4 – References (Weighted Value 10 Points)

16.4.1 Provide a minimum of three (3) reference letters from clients that your institution has provided or is providing services similar in scope to the RFQu. HCPS reserves the right to ask for additional references.

16.4.2 Reference letters shall be current, dated within one (1) year of this request.

16.4.3 The reference from the client must be provided on their letterhead, and include details regarding your institution’s role, level of service provided, etc.

16.4.4 One (1) reference from Harford County Public Schools may be considered.

16.4.5 Please include current contact information for all references, including name, phone number, and e-mail address.

16.5 Tab 5 – Projected Timeline (Weighted Value 10 Points)

Provide a projected timeline to include, but not limited to data migration, implementation, training, and transition to a fully functional system, include how long (days/months) the process will take after a contract is signed and executed, include major milestones.

16.6 Tab 6 - Required Documents

16.6.1 Conflict of Interest Disclosure Form

16.6.2 Employment of Sex Offenders and Other Criminal Offenders Affidavit

16.6.3 State of Maryland Anti Bribery Affidavit

16.6.4 Certification Regarding U.S. Government Debarment, Suspension, Ineligibility, and Voluntary Exclusion

16.6.5 Data Privacy Security Addendum

16.6.6 Provide a sample Certificate of Insurance (Proving coverages and limits as specified in

“Insurance Requirements” or a letter committing to obtain the required coverages and limits as specified)

16.6.7 Exceptions to Draft PSA

16.7 Tab 7 – Samples (Weighted Value 10 Points)

16.7.5 Sample one page agreement for use between Offeror and Individual Schools

16.7.6 Digital sample photographs and promotional materials

16.8 Tab 8 – Cost and Commissions (Weighted Value 15 Points)

16.8.5 Provide price breakdown for all offerings to be made available for students and parents for all product and service purchase options.

16.8.6 Commissions schedule to be provided to school including any sign on bonuses

SIGNATURE SHEET

(To be submitted with Proposal)

I/We agree to provide the services in accordance with the accompanying requirements and all conditions, provisions, attachments, and any addenda to this RFQu.

Company Authorized Representative (print)

Address Signature

Address, continued Title (print)

Name of Firm’s Contract Administrator Phone Number of Authorized Representative

Phone Number of Firm’s Contract Administrator E-mail Address of Authorized Representative

E-mail Address of Firm’s Contract Administrator Federal I.D. Number

Acknowledgement of Addenda (if issued)

I/We acknowledge receipt of the following Addenda:

No. __________, Dated __________

Company Name

HARFORD COUNTY PUBLIC SCHOOLS

102 SOUTH HICKORY AVENUE

BEL AIR, MD 21014

COST INFORMATION

STUDENT PHOTOGRAPY AND YEARBOOK SERVICES

PHOTOGRAPHY SERVICES

SERVICE OPTION COST TO STUDENTS AND

PARENTS

COMMISSION PAID TO

SCHOOL

YEARBOOK SERVICES

SERVICE OPTION COST TO STUDENTS AND

PARENTS

COMMISSION PAID TO

SCHOOL

*Note: Offeror may attach additional pages for cost information as necessary. Please mark section clearly.

ADDITIONAL INFORMATION:

Contract Contact/Sales Rep Name:

Phone Number:

E-Mail Address:

FORM OF PAYMENT (mark those you will accept)*:

Do you accept credit card?

Is there a fee for using a credit card?

If yes, what is the fee amount?

ACH Payment?

Conventional Check?

Cash?

Additional payment methods or information:

*NOTE: Must request changes to payment method or bank information in writing.

` PROFESSIONAL SERVICES AGREEMENT SAMPLE

This Professional Services Agreement (the "Agreement") CONTRACT NUMBER, effective as of ____________ ("Effective Date"), is entered into by and between Harford County Public Schools (HCPS) having its principal place of business at 102 S.

Hickory Ave., Bel Air, MD 21014 ("HCPS"), and NAME OF FIRM HERE having its principal place of business at ADDRESS HERE ("Consultant"). In mutual consideration of the mutual promises set forth in this Agreement, the parties agree as follows:

1. SERVICES

Scope of Services. Subject to the terms and conditions of this Agreement and the terms and conditions of IFB/RFP/ NUMBER HERE, Consultant will perform those professional consulting services as set forth and attached hereto as Exhibit A (SCOPE OF WORK), Exhibit B (Fees) and Exhibit C (Schedule) and as amended and/or supplemented from time to time by the mutual written agreement of the parties and incorporated herein by reference. At a minimum, a written document that (i) references this Agreement, (ii) describes the Services to be performed (iii) specifies the corresponding rate schedule or other fee information, and (iv) is signed by both parties or is issued by one party and signed by the other party. Consultant will use commercially reasonable efforts to complete the Services by the applicable dates set forth in the attachment ("Target Dates").

2. REMEDIES AND TERMINATION

2.1. Correction of Errors, Defects, and Omissions – The Consultant agrees to perform work as may be necessary to correct errors, defects, and omissions in the services required under this agreement without undue delays and without cost to HCPS. The acceptance of the work set forth herein by HCPS shall not relieve the Consultant of responsibility.

2.2. Set-Off – HCPS may deduct from and set-off against any amounts due and payable to the Consultant any back-charges or damages sustained by HCPS by virtue of any breach of this agreement by the Consultant to perform the services or any part of the services in a satisfactory manner. Nothing herein shall limit the liability of the Consultant for damages and HCPS may affirmatively collect damages from the Consultant.

2.3. Termination for Default

2.3.1. If the Consultant fails to fulfill its obligations under this Agreement properly and on time, otherwise violates any provision of the Agreement, HCPS may terminate the Agreement by written notice to the Consultant. The notice shall specify the acts of omissions relied on as cause for termination.

2.3.2. All finished or unfinished supplies and services provided by the Consultant shall, at HCPS’ option, become HCPS’ property. HCPS shall pay the Consultant fair and equitable compensation for satisfactory performance prior to receipt of Notice of Termination, less the number of damages caused by Consultant’s breach.

2.3.3. If the damages are more than the compensation payable to the Consultant, the Consultant will remain liable after termination and HCPS can affirmatively collect damages.

2.4. Termination for Convenience – HCPS may terminate all or part of the work required under this Agreement for the convenience of HCPS with a thirty (30) day notification. In the event of such termination, the Agreement Administrator shall determine the costs the Consultant has incurred to the date of termination and such reasonable costs associated with the termination. HCPS shall pay such costs as determined by the Agreement Administrator to the Consultant together with reasonable profit reasonably earned by the Consultant to the time of termination but not to include any profit not earned as of the date of termination.

2.5. Obligations of Consultant upon Termination – Upon Notice of Termination, the Consultant shall:

2.5.1 Take immediate action to orderly discontinue its work and demobilize its work force to minimize the occurrence of costs.

2.5.2 Take such action as may be necessary to protect the property of HCPS, place no further orders or sub-

Agreement, assign to HCPS in the manner and to the extent directed by HCPS all the right, title and if ordered by HCPS possession and interest of Consultant under the orders or sub-Agreements terminated.

2.5.3 Deliver to HCPS all materials, equipment, data, drawings, specifications, reports, estimates, and such other information accumulated by the Consultant which has been or will be reimbursed under this agreement after considering any damages that may be payable to HCPS. Title to such items shall be transferred to HCPS.

2.6. Remedies Not Exclusive – The rights and remedies contained in these terms and condition are in addition to any other right or remedy provided by law, and the exercise of any of them is not a waiver of any other right or remedy provided by law.

3. ORDER OF PRECEDENCE

In the event of an inconsistency among provisions of this Request for Proposal, the inconsistency shall be resolved by the following order of precedence:

Performance Work Statement (Statement of Work) Specifications/Terms of the Request for Proposal General Terms and Conditions for Request for Proposal

4. CONTRACT TERM

4.1. This Agreement with respect to all items accepted, change orders, and all papers and documents accompanying the same, including these terms and conditions shall constitute the formal Agreement between the Consultant and HCPS.

4.2. The term for this Agreement is _________________________________________.

5. WAIVER OF RIGHT

The Consultant agrees that it and its parent, its affiliates, and subsidiaries, if any; waive the right to offer on any procurement Agreement, of any tier, resulting from the services to be provided under this agreement.

6. INITIATION OF WORK

The Consultant shall not commence performance of the services until it receives a formal written notice from HCPS in the form of an Agreement, Purchase Order, or Notice to Proceed from the Supervisor of Purchasing or designated Purchasing Agent.

7. GOVERNING LAW AND DISPUTE RESOLUTION

7.1 The Bid shall be construed in accordance with, and interpreted under, the laws of the State of Maryland. Any lawsuits arising out of such bid shall be filed in the appropriate State Court located in Harford County, Maryland.

7.2 Alternative Dispute Resolution (ADR) may be used at HCPS's sole discretion, but HCPS is not obligated to utilize ADR.

8. FREEDOM OF INFORMATION ACT

8.1. The Consultant(s) should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification of why such materials, upon request, should not be disclosed by HCPS. Blanket requests for the entire proposal to be held confidential will not be considered.

8.2. HCPS shall determine, in its sole discretion, which (if any) portions of the Consultant’s proposals shall be confidential.

It is the responsibility of the Proposer to clearly mark such information (pages) as “Confidential”.

9. COMPLIANCE WITH LAW

9.1. The Consultant hereby represents and warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified.

9.2. The Consultant shall comply with all Federal, State and Local law, ordinances and legally enforceable rules and regulations applicable to its activities and obligations under this agreement.

9.3. The Consultant must, at its expense, obtain any and all licenses, permits, insurance, and governmental approval required by Local, State, and Federal authorities, if any, necessary to fulfil its obligations under this agreement.

10. RESPONSIBILITY FOR CLAIMS AND LIABILITY

10.1. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold the HCPS and its employees, agents, officials or volunteers harmless from and against any and all claims, losses, damages, expenses, causes of action and liabilities including without limitations, attorney’s fees arising out of or related to the Indemnitor’s occupancy or use of the Indemnitee’s premises or operations incidental thereto (if applicable), provided that any such claim, loss, damage, expense, cause of action or liability is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including loss of use resulting there from. Consultant expressly indemnifies HCPS for the consequences of any negligent act or omission of the Indemnitor or any of the Indemnitor’s employees, agents, officials or volunteers or anyone for whose acts the Indemnitor may be liable, unless such act or omission constitutes gross negligence or willful misconduct.

10.2. In claims against any person or entity indemnified within this indemnification by an employee of the Awarded Consultant, a sub-Contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Consultant or a sub-Contractor under Workers' Compensation Acts, Disability Benefit Acts, or other employee benefit acts.

11. INSURANCE

11.1. Consultant warrants that it has reviewed and accepted the insurance requirements contained in the attached document.

11.2. The Consultant shall take proper safety and health precautions and protect their work, their employees, the public and the property of others from any damage or injury resulting solely from the performance of the work described herein.

11.3. HCPS shall not be liable for any injuries to the employees, agents, or assignees of the Consultant arising out of, or during the agreed upon work relating to this agreement.

11.4. The Consultant has in force, or shall obtain, and will maintain insurance in not less than the amounts specified and in accordance with the requirements contained in the attached insurance requirements.

12. STAFF

The Consultant shall utilize the personnel named and/or otherwise identified in its proposal to perform services required. In the event that any of the personnel named are unable to perform because of death, illness, resignation from the Consultant’s employ, or similar reasons, the Consultant shall promptly submit to the Agreement Administrator, in writing, the name and qualifications of the proposed replacement. No substitutions shall be made without the proper written approval of the Contract Administrator/Purchasing Agent and the Supervisor of Purchasing.

13. DRUG, TOBACCO, AND ALCOHOL

All HCPS properties are "drug, tobacco, and alcohol-free zones" as designated by Local and State laws. Neither the Consultant or their employees (or sub-Contractors) are permitted to have any tobacco products, vaporizers, e-cigarettes, illegal or prescription drugs, or alcohol products on HCPS property. Use or possession of such items on HCPS property will result in immediate termination of the Agreement.

14. NONDISCRIMINATION

14.1The Contractor shall comply with all Federal and State anti-discrimination laws in the performance of this contract.

14.2 The Board of Education of Harford County is committed to providing an inclusive and welcoming environment for all students, employees, and members of the school community. In accordance with Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, and Title VII of the Civil Rights Act of 1964, the Board of Education of Harford County prohibits discrimination based on sex, race, color, national origin, religion, or any other protected characteristic in any program or activity it operates.

14.3 Inquiries or concerns about your rights related to Title IX can be directed to our Title IX Coordinator, Dr. Eric Davis, at 102 South Hickory Ave, Bel Air, MD 21014, 410-588-5202, or TitleIX@hcps.org. Inquiries related to your rights under Title VI or Title VII can be directed to our Coordinator of Investigations, Dr. Renee McGlothlin, at 410-809-6087 or Renee.McGlothlin@hcps.org. Harford County Public Schools’ non-discrimination policy can be accessed here: NON- DISCRIMINATION POLICY: (hcps.org) and found on the HCPS website under Board of Education Policies and Procedures. Harford County Public Schools’ non-discrimination statement can be accessed here: NON- DISCRIMINATION STATEMENT: (hcps.org) and found on HCPS’ homepage.

14.4 The Awarded Bidder shall furnish, if requested by HCPS, a compliance report concerning their employment practices and policies in order for HCPS to ascertain compliance with the special provisions of this contract concerning discrimination in employment.

14.5 In the event the Awarded Bidder is deemed noncompliant with the nondiscrimination clause of this contract, this contract may be canceled, terminated, or suspended in whole or in part and the Awarded Bidder may be declared ineligible for further/future HCPS' work.

15 NON-HIRING OF EMPLOYEES BY AWARDED CONSULTANT OR HCPS

15.1 No employee of the HCPS or any unit thereof, whose duties as such employee include matters relating to or affecting the subject matter of this contract, shall, while so employed, become or be an employee of the party or parties hereby contracting with the HCPS or any unit thereof.

15.2 No employee of the Awarded Bidder or any unit thereof, whose duties as such employee include matters relating to or affecting the subject matter of this contract, shall, while employed, become or be an employee of the party or parties hereby contracting with the Awarded Bidder or any unit thereof.

16 FINANCIAL DISCLOSURE

The Awarded Bidder shall comply with the provisions of Section 14-103.1 of the Election Law Article, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State of Maryland or its agencies, including school districts, during a calendar year under which the business is to receive in the aggregate $200,000 or more, shall within fifteen (15) business days after the award of any contract, lease, or other agreement that causes the cumulative value to reach $200,000 or more, file with the State Board of Elections certain specified information to include disclosure of beneficial ownership of the business.

mailto:TitleIX@hcps.org mailto:Renee.McGlothlin@hcps.org https://www.hcps.org/webfiles/WebFilesHandler.ashx?id=4152 https://www.hcps.org/webfiles/WebFilesHandler.ashx?id=4152 https://www.hcps.org/nondiscrimination.aspx https://www.hcps.org/nondiscrimination.aspx

17 POLITICAL CONTRIBUTION DISCLOSURE

Awarded Bidder shall comply with the provisions of Section 14-101 et seq. of the Election Law Article, Annotated Code of Maryland, which require that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, including school districts, during a calendar year under which the person receives in the aggregate $200,000 or more, shall file with the State Board of Elections certain specified information to include disclosure of political contributions of $500 or more to a candidate for elective office in any primary or general election.

18 RETENTION OF RECORDS

The Awarded Bidder shall retain and maintain all records and documents relating to this contract for three (3) years after final payment by HCPS hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of HCPS or designee, at all reasonable times.

19 LANGUAGE/GENDER

19.2 Proposer, Consultant, vendor, consultant, firm and Agreement all have the same meaning and may be used interchangeably.

19.3 The Board of Education of Harford County is also referred to as HCPS, Harford County Public Schools, and Board of Education which may be used interchangeably.

19.4 Proposal and offer all have the same meaning and can be used interchangeably.

20 DISSEMINATION OF INFORMATION

During the term of this agreement, the Consultant shall not release any information related to the services or performance of the services under this agreement nor publish any final reports or documents without prior written approval of HCPS.

21 CONSULTANT’S OBLIGATION

21.2 The Consultant shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the specifications, as decided by HCPS, and as described herein.

21.3 The Consultant shall perform the services with that standard of care, skill, and diligence normally provided by a consultant in the performance of services similar to the services hereunder.

21.4 Notwithstanding any review, approval, acceptance, or payment for the services by HCPS, the Consultant shall be responsible for professional and technical accuracy of its work furnished by the Consultant under this agreement.

21.5 HCPS review, approval, or acceptance of, nor payment for, any of the services required…