Appendix X: Organizational Commitments Pursuant to Massachusetts Privatization Law

Appendix X: Organizational Commitments Pursuant to Massachusetts Privatization Law

Under Massachusetts’ Privatization Law (M.G.L. c. 7 §§ 52, 53, 54, and 55), a successful bidder must:

(i)  ensure that certain qualified, regular employees or former employees of DMH are offered positions, if such employees:

1.  provided ESP services; and

2.  were terminated as a result of DMH ceasing to provide such ESP services;

(ii)  provide health insurance to each employee hired in accordance with this section, and each employee’s spouse and dependents, so long as such employee works 20 hours or more each week. The provider shall pay not less than the current percentage paid by the Commonwealth for health insurance to its employees; the Commonwealth currently contributes 80% of the cost of health insurance DMH employees.

(iii)  pay wages to those hired in accordance with this section that are not less than the minimum wage rate as determined by the state pursuant to M.G.L. c. 7 §54 (2) for those positions for which the duties are substantially similar to the duties performed by regular agency employees;

(iv)  comply with a policy of nondiscrimination and equal opportunity for all persons protected by chapter one hundred and fifty-one B, and take affirmative steps to provide such equal opportunity for all such persons; and

(v)  submit quarterly payroll records to EOHHS, listing the name, address, social security number, hours worked and the hourly wage paid for each employee in the previous quarter who provides ESP services for the Southeast Area.

In addition, a successful bidder must certify in writing to the state that both the organization and its supervisory employees, while in the employ of the successful bidder, have “no adjudicated record of substantial or repeated willful noncompliance with any relevant federal or state regulatory statute including, but not limited to, statutes concerning labor relations, occupational safety and health, nondiscrimination and affirmative action, environmental protection and conflicts of interest.”

Name of Organization: ______

I hereby acknowledge that if the organization listed above is chosen to provide ESP services in the Southeast region of Massachusetts, the organization must implement the relevant provisions of the state’s Privatization Law referenced above.

Signature: ______

Name and Title (please type or print): ______

Date: ______

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