CHAMA VALLEY INDEPENDENT SCHOOLS REQUEST FOR PROPOSALS PT-2013 PHYSICAL THERAPY SERVICES

Transcription

1 CHAMA VALLEY INDEPENDENT SCHOOLS REQUEST FOR PROPOSALS PT-2013 PHYSICAL THERAPY SERVICES March

2 TABLE OF CONTENTS PAGE I. INTRODUCTION...4 A. PURPOSE OF THIS REQUEST...4 B. SUMMARY SCOPE OF WORK...4 C. SCOPE OF PROCUREMENT...4 D. PROCUREMENT MANAGER...4 E. DEFINITION OF TERMINOLOGY...5 II. CONDITIONS GOVERNING THE PROCUREMENT...6 A. SEQUENCE OF EVENTS...6 B. EXPLANATION OF EVENTS Issue of RFP Distribution List Response Due Deadline to Submit Written Questions Response to Written Questions/RFP Amendments Submission of Proposal Proposal Evaluation Selection of Finalists Award Contract Protests...9 C. GENERAL REQUIREMENTS Acceptance of Conditions Governing the Procurement Incurring Costs Amended Proposals Offerors' Rights to Withdraw Proposal Proposal Offer Firm Disclosure of Proposal Contents No Obligation Termination Sufficient Appropriation Legal Review Governing Law Basis for Proposal Contract Terms and Conditions Offeror's Terms and Conditions Contract Deviations Offeror Qualifications Right to Waive Minor Irregularities

3 18. Change in Contractor Representatives Notice Agency Rights Right to Publish Ownership of Proposals...13 III. RESPONSE FORMAT AND ORGANIZATION...13 A. NUMBER OF RESPONSES...13 B. NUMBER OF COPIES...13 C. PROPOSAL FORMAT Proposal Organization Letter of Transmittal...14 IV. SPECIFICATIONS...15 A. DETAILED SCOPE OF WORK...15 V. EVALUATION CRITERIA...16 A. EVALUATION SUMMARY...17 B. EVALUATION PROCESS...17 C. TERMS...17 D. RELIABILITY/AVAILABILITY...18 E. COST...18 APPENDIX A...19 APPENDIX B...20 APPENDIX C

4 I. INTRODUCTION A. PURPOSE OF THIS REQUEST The Chama Valley Schools is requesting proposals for PHYSICAL THERAPY SERVICES for the School Year. B. SUMMARY SCOPE OF WORK The District seeks Physical Therapists certified by the New Mexico Department of Education to perform evaluation services on behalf of the District as requested by the Administration and Special Education Department. C. SCOPE OF PROCUREMENT The scope of the procurement shall encompass the defined scope of work. The District reserves the option of renewing the initial contract(s) on an annual basis for three (3) additional years or any portion thereof for the purpose of Physical Therapy Services. In no case will the contract(s), including all renewals thereof, exceed a total of four years in duration. D. PROCUREMENT MANAGER The District has a Procurement Manager/Designee who is responsible for the conduct of this procurement whose name, address and telephone numbers are listed below. Name Anthony Casados, Superintendent District Chama Valley Independent Schools Mailing Address P.O. Drawer 10 Tierra Amarilla, New Mexico Phone Number (575) Fax Number (575) Any inquiries or requests regarding this procurement should be submitted to the Purchasing Manager/Designee in writing. Offerors may contact ONLY the Purchasing Manager/Designee regarding the procurement. Other district employees do not have the authority to respond on behalf of the Agency. 4

5 E. DEFINITION OF TERMINOLOGY This section contains definitions that are used through-out this procurement document including appropriate abbreviations. Agency means the Chama Valley Independent Schools. property or services. Contract means an agreement for the procurement of tangible personal Contractor means the successful offeror. Determination means the written documentation of a decision of a Purchasing Manager including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains. Desirable - The terms may, can, should, preferably, or prefers, identify a desirable or discretionary item or factor. Schools. DF means the Department of Finance for the Chama Valley Independent "Evaluation Committee" means a body appointed by the Department management to perform the evaluation of offeror proposals. Evaluation Committee Report means a report prepared by the Purchasing Manager and the Evaluation Committee for submission to the School Board for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals. "Finalist" is defined as an offeror who meets all the mandatory specifications of the Request for Proposal and whose score on evaluation factors is sufficiently high to qualify that offeror for further consideration by the Evaluation Committee. Mandatory - The terms must, shall, will, is required, or are required, identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the offeror s proposal. Multiple source award means an award of an indefinite contract for one or more services or items of tangible property or services to more than one offeror. 5

6 submit a proposal. "Offeror" is any person, firm, corporation or partnership who chooses to "Purchasing Manager" means the person or designee authorized by the District to manage or administer procurement requiring the evaluation of competitive sealed proposals. "Request for Proposals" or "RFP" means all documents, including those attached or incorporated by reference, used for soliciting proposals. "Responsible Offeror" means an offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal. "Responsive Offer" or "Responsive Proposal" means an offer or proposal which conforms in all material respects to the requirements set forth in the request for proposals. II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule for the procurement, describes the major procurement events and the conditions governing the procurement. A. SEQUENCE OF EVENTS following schedule: The Purchasing Manager/Designee will make every effort to adhere to the Action Responsibility Date Issue RFP Agency 3/26/13 Distribution List Response Potential Offerors 4/8/13 Deadline to Submit Written Potential Offerors 4/8/13 Questions Response to Written Questions/ Agency 4/12/13 RFP Amendments Submission of Proposal Potential Offerors 4/17/13 6

7 Proposal Evaluation Agency 4/17/13 thur Selection of Finalist(s) Agency 4/23/13 Contract Award Board of Education 4/23/13 B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the sequence of events shown in Section II, Paragraph A. 1. Issue of RFP This RFP is being issued by the Agency. Additional copies of the RFP can be obtained from the Purchasing Manager/Designee. 2. Distribution List Response Due Potential offerors should hand deliver or return by facsimile or by registered or certified mail the "Acknowledgment of Receipt of Request For Proposals Form" that accompanies this document (See Appendix A) to have their firm placed on the procurement distribution list. An authorized representative of the organization should sign, date, and return the form by 4:00 PM on April 8, The procurement distribution list shall be used for the distribution of written responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential offeror's organization name shall not appear on the distribution list. 3. Deadline to Submit Written Questions Potential offerors may submit written questions as to the intent or clarity of this RFP until 4:00 PM April 8, All written questions must be addressed to the Procurement Manager/Designee (See Section I, Paragraph D). 4. Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments shall be distributed on April 12, 2013 to all potential offerors whose organization name appears on the procurement distribution list. An Acknowledgment of Receipt Form shall accompany the distribution package. The form should be signed by the offeror's representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the 7

8 procurement process. Thereafter, the offeror's organization name shall be deleted from the procurement distribution list. Additional written requests for clarification of distributed answers and/or amendments must be received by the Purchasing Manager/Designee no later than three (3) days after any response and/or amendments are issued. 5. Submission of Proposal ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 10:00 AM MOUNTAIN DAYLIGHT TIME ON April 17, Time is of the essence for submitting proposals and proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the Purchasing Manager/Designee at the address listed in Section I, Paragraph D. Proposals must be labeled on the outside of the package so as to indicate clearly that they are in response to the request for Physical Therapy Services. Proposals or portions of proposals submitted by facsimile will not be accepted. A public log will be kept of the names of all offerors. Pursuant to Section , NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award. 6. Proposal Evaluation The evaluation of proposals will be performed by an Evaluation Committee (if any) appointed by the Agency Management. This process will take place between April 17, 2013 and April 23, During this time, the Procurement Manager/Designee may, at his/her option, initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the offerors. 7. Selection of Finalists The Evaluation Committee (if any) will select and send a report to the Purchasing Manager/Designee. 8. Award Contract After review of the Evaluation Committee Report (if any), the recommendation of the Purchasing Manager/Designee, the CHAMA VALLEY INDEPENDENT SCHOOL DISTRICT BOARD OF EDUCATION will award the contract on April 23, This date is subject to change at the discretion of the School Board. The contract shall be awarded to the 8

9 offeror or offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points. 9. Protests Any protest by an offeror must be timely and in conformance with Section , NMSA 1978, and applicable procurement regulations. The fifteen (15) day protest period for responsive offerors shall begin on the day following the contract award and will end at 4:00 PM MDT May 14, Protest must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the Purchasing Manager/Designee. The protest must be delivered to the Purchasing Manager at the address as listed in Section I, Paragraph D. Protests received after the deadline will not be accepted. C. GENERAL REQUIREMENTS 1-1 et seq. This Procurement will be conducted in accordance with the NMSA Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP. 2. Incurring Costs Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the offeror. 3. Amended Proposals An offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Agency personnel will not merge, collate, or assemble proposal materials. 9

10 4. Offerors' Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Purchasing Manager/Designee. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulation. 5. Proposal Offer Firm Responses to this RFP will be considered firm for ninety (90) days after the due date for receipt of proposals. 6. Disclosure of Proposal Contents The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material, which is proprietary or confidential. The Purchasing Manager/Designee will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3-A-1 to 57-3A-7, NMSA The price of services proposed shall not be designated as proprietary or confidential information. 7. No Obligation This procurement in no manner obligates the CHAMA VALLEY INDEPENDENT SCHOOL DISTICT or any of its departments or agencies to the service offered until the Board of Education and other appropriate authorities approve a valid written contract. 8. Termination This RFP may be canceled at any time up to and including the deadline for submitting protests and any and all proposals may be rejected in whole or in part when the Agency determines such action to be in the best interests of the Chama Valley Independent School District. 10

11 9. Sufficient Appropriation Any contract awarded as a result of this RFP may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Agency s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final. 10. Legal Review The Agency requires that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Purchasing Manager/Designee. 11. Governing Law The laws of the STATE OF NEW MEXICO shall govern this procurement and any agreement with offerors that may result. 12. Basis for Proposal Only information supplied by the Agency in writing through the Purchasing Manager/Designee or in this RFP should be used as the basis for the preparation of offeror proposals. 13. Contract Terms and Conditions The contract between the Agency and the contractor or contractors will follow the format specified by the Agency and contain the terms and conditions set forth in Appendix B, "Contract Terms and Conditions". However, the Agency reserves the right to negotiate provisions with a successful offeror in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful offeror's proposal will be incorporated into the contract. Should an offeror object to any of the Agency s terms and conditions, as contained in this Section or in Appendix B, that offeror must propose specific alternative language that would be acceptable to the Agency. General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to the Agency and will result in disqualification of the offeror's proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. 11

12 All contracts for professional services are subject to the review and approval by DF pursuant to , NMSA 1978, and DFA Rule Pursuant to NMSA 1978, and DFA Rule 87-1, all professional services contracts which may involve the aggregate expenditure of more than $20, shall be reviewed and approved by the Department of Finance prior to execution by the Agency. 14. Offeror's Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with the Agency. 15. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the Agency and the selected offeror and will not be deemed an opportunity to amend the offeror's proposal. 16. Offeror Qualifications The Evaluation Committee (if any) may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. The Evaluation Committee (if any) will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined in Sections and , NMSA Right to Waive Minor Irregularities The Evaluation Committee (if any) reserves the right to waive minor irregularities. The Evaluation Committee (if any) also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. The right to waive minor irregularities and mandatory requirements is at the sole discretion of the Evaluation Committee (if any). 18. Change in Contractor Representatives The Agency reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the Agency, representing the contractor adequately. 12

13 19. Notice The Procurement Code, Sections through , NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico Criminal Statutes impose felony penalties for bribes, gratuities and kick-backs. 20. Agency Rights proposal. The Agency reserves the right to accept all or a portion of an offeror's 21. Right to Publish Throughout the duration of this procurement process and contract term, potential offerors, offerors, and contractors must secure from the Agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contact. Failure to adhere to this requirement may result in disqualification of the offeror's proposal or termination of the contract. 22. Ownership of Proposals All documents submitted in response to this RFP shall be returned to the offerors after the expiration of the protest period with the following exception. One complete copy of the selected offeror=s proposal including the Best and Final Offer, if one was submitted, shall be placed into the procurement file. Those documents will become the property of the Agency and the Chama Valley Independent School District. III. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES Offerors shall submit only one proposal. B. NUMBER OF COPIES Offerors shall deliver one (1) identical copies of their proposal on or before the closing date and time for receipt of proposals. 13

14 C. PROPOSAL FORMAT All proposals must be typewritten on standard 8 1/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section. 1. Proposal Organization The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated. a) Letter of Transmittal b) Table of Contents c) Proposal Summary d) Response to Specifications e) Response to Department Terms and Conditions f) Offeror's Additional Terms and Conditions g) Other Supporting Material Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis. Offerors may attach other materials, which may improve the quality of their responses. However, these materials should be included as items in a separate appendix. 2. Letter of Transmittal transmittal MUST: A letter of transmittal must accompany each proposal. The letter of a) identify the submitting organization; b) identify the name and title of the person authorized by the organization to contractually obligate the organization; c) identify the name, title and telephone number of the person authorized to negotiate the contract on behalf of the organization; d) identify the names, titles and telephone numbers of persons to be contacted for clarification; 14

15 e) explicitly indicate acceptance of the Conditions Governing the Procurement as stated in Section II, Paragraph C.1; f) be signed by the person authorized to contractually obligate the organization; g) acknowledge receipt of any and all amendments to this RFP. IV. SPECIFICATIONS This section contains relevant information concerning the tasks to be performed by the contractor. Offerors should respond in the form of a narrative to each specification. The narrative along with the required supporting material will be evaluated and awarded points accordingly. A. DETAILED SCOPE OF WORK 1. The Agency seeks Physical Therapists who either possess or qualify for a New Mexico State Department of Education Certification and a New Mexico State License or Physical Therapists. 2. Insurance: The provider of services, either as an individual or a firm, shall assure that service personnel are insured for automotive liability and for professional liability up to the limits of the New Mexico Tort Claims Act. of the Agency. 3. Physical Therapists are independent contractors and are not employees 4. Services and Duties of the Provider/Contractor a. Supply all necessary evaluation instruments and protocols, b. Perform evaluations according to NMSDE Standards and best practices and as required by the District including formal observation for learning disabled and behaviorally disordered. c. Prepare and submit to the District a typed assessment report in the District approved format which includes evaluation procedures used as well as comments on areas of significant strength and/or weakness as well as implications for education. The evaluation shall be done within five (5) calendar days after referral by the District and the written report shall be submitted within ten (10) working days after the evaluation, d. Submit to the District the original test protocols and all child identifiable data for inclusion in the student s confidential folder, 15

16 e. Remain current in the latest research data, development and administration of tests, attend training workshops, seminars, and professional conferences as deemed necessary. All costs for these items will be assumed by the Contractor, f. Attend Individual Educational Program Team Meetings as required. Assist the Multi Disciplinary Team in devising appropriate individualized education programs inclusive of statements of present levels of educational functioning and educationally appropriate annual goals and measurable short-term instructional objectives which address those areas of significant deficiency as illustrated through the present levels of educational functioning. Assist the IEP team in identifying the means/methods of achieving annual and short-term goals for students, g. Provide consultation to the classroom teacher(s) as appropriate in order to facilitate the IEP Team goals and provide an educational benefit to students with disabilities, h. Provide consultation to parents of identified students with disabilities to help facilitate educational benefits, i. Services shall be provided as per IEP for the different school units throughout the district. The District needs Two (2) Days per Work Week) of Physical Therapy. j. Services shall be for a minimum of 32 weeks and a maximum of 36 weeks within the school calendar. k. Prepare and submit Medicaid Reimbursement Forms as mandated by the District on a timely basis. V. EVALUATION CRITERIA A. EVALUATION SUMMARY The responsible offeror whose proposal is most advantageous to the Agency shall be selected to perform the services. The weight to be given to the evaluation factors is set forth below: Experience 40 points Reliability/Availability 40 points Cost 20 points 16

17 B. EVALUATION PROCESS All offeror proposals will be reviewed for compliance with the mandatory requirements stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. The Purchasing Manager/Designee may contact the offeror for clarification of the response as specified. The Evaluation Committee (if any) or Purchasing Manager/Designee may use other sources of information to perform the evaluation as specified. Responsive proposals shall be evaluated on the factors in Section V. The responsible offeror whose proposal is most advantageous to the Agency, taking into consideration the evaluation factors in Section V, will be recommended for contract to the School Board as specified. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejections regardless of overall score. C. TERMS 1. Experience: the following shall be considered: a. Prior professional experience in providing this service (submit resume and the names of at least three professional references to whom provider has worked within the last three years. b. Prior administrative experience sufficient to assure the District that all requirements identified shall be met. If proposed provider is an individual, describe pertinent experience in a narrative appended to the resume. If proposed provider is a firm, describe management structure and attach resumes of service personnel. D. RELIABILITY/AVAILABILITY Submit documentation that the Provider has provided these kinds of services in the past, can be reasonably expected to reliably provide them in the future, and has demonstrated competence, credibility, and responsiveness in meeting the needs of other school districts. 17

18 E. COST Payment for services by Chama Valley Schools will be according to hourly services including direct service to students, consultation with teachers and parents (including IEP meetings), attendance at district-required meetings and preparation time. Travel from out of district to service sites Gross receipts tax as applicable shall be added to the charge for services. 18

19 APPENDIX A CHAMA VALLEY INDEPENDENT SCHOOL DISTRICT REQUEST FOR PROPOSAL RFP NUMBER PT-2013 PHYSICAL THERAPY SERVICES ACKNOWLEDGMENT OF RECEIPT FORM In acknowledgment of receipt of this Request for Proposal the undersigned agrees that he/she has received a complete copy, beginning with the title page and table of contents and ending with Appendix C. The acknowledgment of receipt should be signed and returned to the Purchasing Manager/Designee no later than 4:00 PM on April 8, Only potential offerors who elect to return this form completed with the indicated intention of submitting a proposal will receive copies of all offeror written questions and the Agency s written responses to those questions as well as RFP amendments, if any are issued. FIRM: REPRESENTED BY: TITLE: PHONE NUMBER: FAX NUMBER: ADDRESS: CITY: STATE ZIP CODE SIGNATURE DATE This name and address will be used for all correspondence related to the Request for Proposal. Organization does/does not (circle one) intend to respond to this Request for Proposals. Return To: Name Anthony Casados, Superintendent District Chama Valley Independent Schools Mailing Address P.O. Drawer 10 Tierra Amarilla, New Mexico Phone Number (575) Fax Number (575)

20 APPENDIX B CHAMA VALLEY INDEPENDENT SCHOOL DISTRICT PHYSICAL THERAPY SERVICES CONTRACT TERMS AND CONDITIONS CONTRACT NO. RFP NO. PT-2013 THIS AGREEMENT is made and entered into by and between the Chama Valley Independent School District, herein after referred to as the "Procuring Agency Department", and herein after referred to as the "Contractor". IT IS MUTUALLY AGREED BETWEEN THE PARTIES: 1. Scope of Work a. The Agency seeks Physical Therapists who either possess or qualify for a New Mexico State Department of Education Certification and a New Mexico State Licensee for Physical Therapists. b. Insurance: The provider of services, either as an individual or a firm, shall assure that service personnel are insured for automotive liability and for professional liability up to the limits of the New Mexico Tort Claims Act. of the Agency. c. Physical Therapists are independent contractors and are not employees d. Services and Duties of the Provider/Contractor 1. Supply all necessary evaluation instruments and protocols, 2. Perform evaluations according to NMSDE Standards and best practices and as required by the District including formal observation for learning disabled and behaviorally disordered, e. Prepare and submit to the District a typed assessment report in the District approved format which includes evaluation procedures used as well as comments on areas of significant strength and/or weakness as well as implications for education. The evaluation shall be done within five (5) calendar days after referral by the District and the written report shall be submitted within ten (10) working days after the evaluation, 20

21 f. Submit to the District the original test protocols and all child identifiable data for inclusion in the student s confidential folder, g. Remain current in the latest research data, development and administration of tests, attend training workshops, seminars, and professional conferences as deemed necessary. All costs for these items will be assumed by the Contractor, h. Attend Individual Educational Program Team Meetings as required. Assist the Multi Disciplinary Team in devising appropriate individualized education programs inclusive of statements of present levels of educational functioning and educationally appropriate annual goals and measurable short-term instructional objectives which address those areas of significant deficiency as illustrated through the present levels of educational functioning. Assist the IEP team in identifying the means/methods of achieving annual and short-term goals for students, i. Provide consultation to the classroom teacher(s) as appropriate in order to facilitate the IEP Team goals and provide an educational benefit to students with disabilities, j. Provide consultation to parents of identified students with disabilities to help facilitate educational benefits, k. Services shall be provided as per IEP for the different school units throughout the district. The District needs Two (2) Days per Work Week) of Physical Therapy. l. Services shall be for a minimum of 32 weeks and a maximum of 36 weeks within the school calendar. m. Prepare and submit Medicaid Reimbursement Forms as mandated by the District on a timely basis. 2. Costs and Compensation All payments under this Agreement are subject to the following provisions: a. Acceptance: In accordance with Section NMSA 1978, the Procuring Agency shall determine if the services provided meet specifications. No payment shall be made for any service until the Superintendent/Designee has approved the services. b. Compensation: The Contractor agrees to perform billable work at the rates provided on the Summary of Proposed Rates Form. c. Payment of Invoice: Payment shall be made monthly upon the receipt and approval of payment. Payment will be made to the Contractor s designated mailing address. 21

22 d. Payment of Taxes: The Contractor shall be reimbursed by the Procuring Agency for applicable New Mexico gross receipts taxes for services rendered. Such taxes must be itemized separately on the invoice. The payment of taxes for any money received under this Agreement shall be the Contractor s sole responsibility and should be reported under the Contractor s Federal and State tax identification number(s). 3. Term THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE BOARD OF EDUCATION. This Agreement shall begin on July 1, 2013 and end on June 30, The Agency reserves the option of renewing the initial contract(s) on an annual basis for three (3) additional years or any portion thereof for the purpose of general diagnostic services. The Agreement including all extensions and renewals shall not exceed four (4) calendar years in duration. 4. Termination This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. 5. Status of Contractor The Contractor, and his agents and employees, are independent contractors performing professional services for the Procuring Agency and are not employees of the Chama Valley Independent School District. The Contractor, and his agents and employees, shall not accrue leave, retirement, insurance, bonding, use of district vehicles, or any other benefits afforded to employees of the Chama Valley Independent School District as a result of this Agreement. 6. Assignment The Contractor shall not assign or transfer any interest in this Agreement without prior written approval of the Procuring Agency. 7. Subcontracting The Contractor shall not subcontract any portion of the services to be performed under this Agreement without written approval from the Superintendent/Designee of the Chama Valley Independent School District. 22

23 8. Records of Audit During the term of this agreement and for three (3) years thereafter, the Contractor shall maintain detailed records pertaining to the services rendered. These records shall be subject to inspection by the Procuring Agency. The Procuring Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Procuring Agency to recover excessive or illegal payments. 9. Appropriations The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this Agreement shall terminate upon written notice being given by the Procuring Agency to the Contractor. The Procuring Agency s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. 10. Release The Contractor, upon final payment of the amount due under this Agreement, releases the Procuring Agency, its officers and employees, and the Chama Valley Independent School District from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the Chama Valley Independent School District, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 11. Confidentiality Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval by the Superintendent/Designee or the Board of Education. 12. Conflict of Interest The Contractor warrants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Contractor shall comply with any applicable provisions of the New Mexico Governmental Conduct Act and the New Mexico Financial Disclosures Act. 23

24 13. Amendment This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto. 14. Approval of Contractor Personnel Once work has started, no changes of personnel will be made by the Contractor without the prior written consent of the Superintendent/Designee. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request and obtain the removal of any of the Contractor's personnel at any time. 15. Scope of Agreement This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 16. Notice The Procurement Code, Sections through , NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks. 17. Equal Opportunity Compliance The Contractor agrees to abide by all Federal and State laws, rules and regulations, and policies of the Chama Valley Independent School District, pertaining to equal employment opportunity. In accordance with all such laws, rules, and regulation, and policies of the Chama Valley Independent School District, the Contractor agrees to assure that no person in the United States shall on the grounds of race, color, religion, national origin, sex, sexual preference, age or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity performed under this Agreement. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. 24

25 18. Indemnification The Contractor shall hold the state and its agencies and employees harmless and shall indemnify the state and its agencies and employees against any and all claims, suits, actions, liabilities and costs of any kind, including attorney's fees for personal injury or damage to property arising from the acts or omissions of the contractor, its agents, officers, employees or subcontractors. 19. Applicable Law This Agreement shall be governed by the laws of the State of New Mexico. 20. Insurance The Contractor, either as an individual or as a firm, shall assure that service personnel are insured for automotive liability and for professional liability up to the limits of the New Mexico Tort Claims Act. A copy of the coverage must be provided within ten (10) days of the award of the contract to the Procuring Agency. 21. Incorporation by Reference and Precedence This Agreement is derived from (1) the Request for Proposal, written clarifications to the Request for Proposals and the Procuring Agency s response to questions; (2) the Contractor's response to the Request for Proposal. In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence; (1) Amendments to the Agreement in reverse chronological order; (2) the Agreement, including the Scope of Work; (3) the Request for Proposals, including attachments thereto and written responses to questions and written clarifications, and (4) the Contractor s Response to the Request for Proposals. 25

26 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of execution by Superintendent, Anthony Casados, below. BOARD OF EDUCATION OF THE CHAMA VALLEY INDEPENDENT SCHOOLS By: Anthony Casados, Superintendent DATE: CONTRACTOR By: DATE: TITLE: Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes. TAXATION AND REVENUE DEPARTMENT ID NO.: BY: TITLE: 26

27 APPENDIX C PHYSICAL THERAPY SERVICES SUMMARY OF PROPOSED RATES The Offeror listed below submits the following firm, fixed hourly rates to complete the requirements as outlined in this RFP for the CHAMA VALLEY INDEPENDENT SCHOOL DISTRICT. CLASSIFICATION MAXIMUM DAILY/HOURLY RATE 1. On -Site Consultation Per Day (Nominal 8 Hour Day) 2. On-Site Consultation Per Hour 3. Direct Student Service Time (hourly, daily) 4. Administrative Time for attendance at IEP Meetings, district staff meetings if needed, meetings with parents, meetings with staff, etc. 5. Mileage 6. Per Diem 7. Other (specify) Offeror Name: Address: Telephone No: Fax No: 27

28 PHYSCIAL THERAPY SERVICES SCHOOL YEAR Reviewed and Approved: Director of Special Education Date: 28