Request for Proposals (RFP) P Private Duty Nursing Services

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1 Austin Independent School District Contract and Procurement Services Request for Proposals (RFP) P Private Duty Nursing Services Date March 28, 2017 Advertise / Issue Date Event April 5, 2017 April 7, 2017 April 18, 2017 Due Date for Questions by 2:00 PM Questions and Answers posted on our website RFP opening / Proposals due date by 2:00 PM Questions must be submitted via to the contact person listed below. In the subject line, type: Questions, P17-047, Private Duty Nursing Q & A and Addenda will be posted on our website: Proposer shall submit, in a sealed envelope or carton, plainly marked with the RFP Number and Title: 1. One (1) clearly identified hard copy ORIGINAL of the Proposal response. 2. Four (4) clearly identified PAPER COPIES of the proposal for the evaluation team. 3. Four (4) copies of the proposal on FLASH DRIVES, marked with your firm s name. Proposals must be plainly marked with your firm s name, the RFP Number and RFP Title. FAX and or proposals will NOT be accepted. Deliver Sealed Proposals to: Austin ISD Contract & Procurement Services 1111 West 6 th Street Building A, Suite 330 Austin, TX Contact: Anita Muscarella Sr. Procurement Specialist Fax: anita.muscarella@austinisd.org Austin ISD Contract & Procurement Services

2 Request for Proposals P Private Duty Nursing Services I. INTRODUCTION The Austin Independent School District (herein after referred to as AISD or the District ) is seeking proposals from firms qualified and experienced in providing Non-District licensed health care providers through a Home Health Care Agency. The Non-District Licensed Health Care Providers will have direct contact with students who have specific and significant medical and health care needs, and who require the ongoing care of a licensed health care provider throughout the school day in order to safely access a free and appropriate public education. Austin ISD reserves the right to award a contract for any or all areas of this RFP. Austin ISD will make awards to qualified respondents providing the best proposal based on a combination of the program plan, scope of services, vendor s capabilities and pricing. A Service Agreement will be executed with successful vendors as a result of this process. A preview only copy of AISD s Agreement is included within this document and should not be submitted with proposals. Austin ISD educates approximately 84,000 students and embraces 130 diverse school communities in one of the fastest-growing, ever-changing metroplexes in the country. In partnership with parents and our community, Austin ISD's mission is to provide a comprehensive educational experience that is high quality, challenging, and inspires all students to make a positive contribution to society. We partner with world-class universities, innovative businesses and nonprofit organizations and engaged community leaders to prepare our students for college, career and life. Submit inquiries via to the contact person listed on the cover page by the deadline specified in the schedule below. In the subject line of the , type Questions and the solicitation number: Questions, P Private Duty Nursing Services Questions received by this deadline and corresponding answers will be included in an Addendum and posted to our website at: All contact during the evaluation phase shall be through the Austin ISD Contracts and Procurement Department only. A proposer shall neither contact nor lobby evaluators during the evaluation process. Attempts by a proposer to contact and/or influence members of the Evaluation Committee may result in disqualification of proposal. II. TERM The agreement(s) resulting from this solicitation will be in effect for an initial term of one (1) year from the date of award by the Board of Trustees, or such date established by the agreement. The parties by mutual consent may renew the agreement for up to four (4) additional one (1) year periods. In addition, the District reserves the right to extend the contract for an additional sixty (60) days beyond the final expiration date if necessary, to ensure no lapse in service.

3 Request for Proposals P Private Duty Nursing Services III. SCOPE OF SERVICE AND PERFORMANCE REQUIREMENTS The following describes the service and performance requirements that the selected vendor(s) will be required to meet. Failure to address or to fully describe capabilities to accomplish all elements of this section will result in a loss of evaluation points. The District will use the objective criteria specified within to review proposals and will potentially make multiple awards to acceptable program providers. The Health Care Agency Requirements 1. Agency must provide a Registered Nurse (RN) and/or Licensed Vocational Nurse (LVN) with current Texas Nursing License and recent (within 2 years) experience working within parameters establish with the scope of work. Assignments may include: Assignment to one specified student as Private Duty Nurse (PDN) Assignment to a regular school day or partial day (i.e., 5 days per week) based on the IEP and Plan of Care. PDN staff is responsible for all of the student s nursing care at school and/or on District vehicles that may include: 1. Performing nursing procedures and ADL s (Activities of Daily Living) unless stated otherwise in the IEP. 2. Emergency care of the designated student. The PDN must be able to recognize respiratory distress and immediately initiate resuscitative measures, such as suctioning, CPR, and reinsertion of tracheostomy tube. 3. Treat other medical conditions including, but not limited to, all of the following: Diabetes, Asthma and Hemophilia. 4. Additional skills for other procedures may be necessary including, but not limited to, all of the following: Tracheostomy Care; Care of a Ventilatordependent Student; Nebulizer Treatments; Suctioning; Gastrostomy Care and Feeding, including Feeding Pumps; Use of an Ambu-bag; Catheterization; Vagal Nerve Stimulator and; Ostomy Care. PDN must have own transportation for provisions of special procedures for assigned student. Agency must have the ability to assign/deploy a PDN to an assigned student with at least a 24-hour notice. 2. The national criminal history record information must be filed with the Agency and AISD. Senate Bill 9 requires any person working directly with students to be digitally fingerprinted through DPS FACT Clearinghouse. 3. The Agency shall submit at least three (3) nurses by-name for clearance that may be assigned/back-up for specific student assignments. 4. The Agency will be responsible for orientation of the RN or LVN to the healthcare needs of the assigned student requiring PND. All back up nurses will also be oriented to the student s Plan of Care by the Agency.

4 Request for Proposals P Private Duty Nursing Services 5. Supervision of the PDN staff whether by licensure or by competency is the responsibility of the Nursing Agency. 6. The following credentials are required for both the RN and LVN and must be submitted PRIOR to working in the District. Current Licensure in the State of Texas by Texas Board of Nursing Current Health Care Provider Cardiopulmonary Resuscitation (CPR) Certification Minimum of two (2) years Nursing Experience Criminal Background Check through DPS FACT Clearinghouse 7. Agency must provide an RN or LVN possessing the following knowledge and skills within the scope of practice of the RN or LVN. Comprehensive knowledge of current nursing techniques/procedures Assessment skills for evaluating signs and symptoms of illness/injury Knowledge of ethical principles and codes of conduct for the practice of Professional Nursing. 8. Agency must provide an RN or LVN to fulfill the following duties: Administer nursing care to student(s) according to District protocols and Health Care Provider orders during District transport to and from school, during the school day and/or at school related activities, as necessitated by the medical condition of the student(s). Ascertain that all required equipment/supplies are available, clean, in good working order and within the expiration date when providing care to specified assigned students. Maintain and check oxygen cylinder daily, if used or stored in the school, for specified assigned students. Maintain health records and documentation of nursing care provided according to District protocols. Communicate with School Administration and Campus Nurse regarding the health care provided and the health needs of student(s). Observe Professional and Ethical Standards in accordance with the Texas Nurse Practice Act. Maintain a professional relationship with students, staff and families in accordance with District Policy. Maintain confidentiality of Student Health Information and provide for Student Privacy, to include the privacy of all students in the classroom when assigned as a Private Duty Nurse. 9. The Agency is responsible for management of personnel issues. 10. The Agency is required to provide proof of insurance: Workman s Compensation General Liability Sexual Molestation & Child Abuse (SAM) Waiver of Subrogation

5 Request for Proposals P Private Duty Nursing Services 11. It is the District s intent to bill the SHARS Program for all nursing services rendered to eligible students. Therefore, the Agency will not bill Medicaid for any nursing services provided by Agency staff contracted by the District. Agency will ensure the Medicaid Reimbursement documentation requirements by the District are completed as instructed by AISD Medicaid Student Billing staff. 12. The Agency will provide time for PDN staff to complete documentation necessary for Medicaid reimbursement in a timely manner. Agency will provide necessary technology (e.g., computer, tablet, etc.) Medicaid reimbursement documentation will not take place while attending the student at school or in District s vehicles. District will provide all necessary training (i.e., SMART Database) Completes data entry information on a daily basis into SMART. 13. Attend periodic meetings every nine (9) weeks with the District to discuss trends and issues regarding the requirements listed on items IV. PROPOSAL RESPONSE Proposer shall submit, in a sealed envelope, plainly marked with the RFP Number and Title: 1. One (1) clearly identified hard copy ORIGINAL of the Proposal response. 2. Four (4) clearly identified PAPER COPIES of the proposal. 3. Four (4) copies of the proposal on FLASH DRIVES, marked with your firm s name. FAX or proposals will NOT be accepted. The vendor s proposal itself shall be organized in the following order, with each section clearly indexed: A. Section I Preface The Proposer shall provide an Executive Summary of two (2) pages or less, which gives in brief, concise terms, a summation of the proposal. Please include business name, address, point of contact and contact information. B. Section II Summary of Experience This section shall contain the full name and address of the Vendor submitting the proposal and a brief summary of the Vendor s corporate experience and individual experience for personnel who will provide this product or service. Please include the following information: Organization Background Information/History Describe experience, qualifications, and successes in the selected service area Describe what services, activities, or strategies will be provided and frequency Name and title of staff members, and number of staff to be involved

6 Request for Proposals P Private Duty Nursing Services C. Section III Proposal Response to Scope of Service and Performance Requirements The Proposer shall provide a description of services and capabilities as outlined in the Scope of Service and Performance Requirements section of this RFP by using Attachment A Vendor Response Form contained within. A Microsoft Word format will be provided for your convenience. Clearly state any exceptions taken to the specifications of this RFP, or any conditions of the proposal. The answers shall be clear and concise, and not lengthy. If the Proposer does not have a response, the Proposer shall state not applicable or unable to perform. D. Section IV - Cost Summary The Proposer shall provide information on any costs that Austin ISD may incur as follows by using Attachment B Vendor Cost Summary contained within. The Proposer must specify all costs (i.e. administrative fees, processing fees, etc.) associated with providing the services required herein. Proposer will provide a complete fee and cost detail supporting all elements of its Proposal. The cost detail must include a narrative for each fee or cost element. If the Proposer does not expect for Austin ISD to incur any costs, the Proposer shall state No costs to Austin ISD. The Proposer should list any best value incentives you can offer AISD with the purchase. Examples of incentives would be to include as part of the proposal, additional services at no additional cost, reduced costs in subsequent years, etc. E. Section V References The Proposer shall submit a minimum of four (4) verifiable non-aisd references from current customers. References are to be from Educational Agencies (K-12 preferred), Government Agencies and/or firms, which are substantially serviced by the Proposer (references most similar to AISD should be provided). Proposers are cautioned to submit accessible references AND contacts. References which cannot be contacted and/or verified will not be considered for evaluation. Contracts older than five (5) years and those which have not completed a full 12-month cycle will not be evaluated or considered. Each reference provided shall include: Reference s Name Contact Person Address, City, State, and Zip Contact Person Phone Number Contact Person Address Brief Project Scope Time Frame

7 Request for Proposals P Private Duty Nursing Services F. Section VI Required Forms (Certifications and Representations) Vendor shall execute the following required forms (located at the end of this solicitation) and return the signed original with the proposal: Offer Certification Notification of Criminal History of Vendor Debarment, Suspension and Ineligibility Certification CTPA Adoption Clause Interlocal Cooperative Agreement Clause W-9 G. Section VII Certifications, Licenses and Resumes The Proposer shall provide resumes for each staff member and/or job description of staff positions to be added along with the number of positions. The Proposer shall provide proof of current certifications and licenses for each staff member. H. Section VIII Insurance Requirements The Agency shall provide proof of insurance as follows: Workman s Compensation General Liability Sexual Molestation & Child Abuse (SAM) Waiver of Subrogation I. Section IX Additional Documentation Additional pages may be included within the Proposal response, but must be included within the bound copy of the Proposal response, and cross-referenced as necessary. Unnecessarily lengthy documents are discouraged. The District reserves the right to tender its own contract which shall incorporate the requirements of this RFP and the successful Proposer s response. A sample agreement for reference purposes is enclosed. It is suggested that if Proposer has an established contract agreement for the product offered, this should be included within this section and clearly identified. Proposer must list any special provisions or clauses that it would like to have considered in the resulting contract and an explanation of the intent of such special provision or clause. V. COMPETITIVE SELECTION, EVALUATION, NEGOTIATIONS AND AWARD A. This is a NEGOTIATED procurement and as such, award will not necessarily be made to the Proposer submitting the lowest priced proposal. Award will be made to multiple firms submitting the best responsive proposal satisfying AISD s requirements, price and other factors considered.

8 Request for Proposals P Private Duty Nursing Services B. AISD will evaluate each Vendor s proposal in accordance to the Texas Education Purchasing Code C. The committee evaluating the proposals submitted in response to this RFP may require any or all vendors to clarify or elaborate on their proposal as well as to provide a presentation. Upon completion of oral presentations or discussions, vendors may be requested to revise any or all portions of their proposals. D. Austin ISD reserves the right to add, remove, modify or establish additional evaluation points for each criterion. If the District determines that additional evaluation steps are required to determine the best value, the District reserves the right to consider any or all of the following additional criteria; Proposer's experience, references and record for responsibility, or any other relevant factor that the District deems necessary to determine best value. E. In making that determination which proposal responses are deemed acceptable and may be reviewed further, the District shall consider the following criteria during the evaluation process: 30 POINTS 30 POINTS 40 POINTS Proposed Plan Vendor Capabilities Financial Proposal The adequacy and completeness of the plan offered addressing the Scope of Services. The demonstrated ability of the vendor to provide the services, including references. Purchase price is reasonable and appropriate given the scope of proposed plan. F. The District anticipates that the evaluation process may include multiple levels of evaluation, as for example, but not limited to: Phase 1: Initial review of the Proposal responses by the District s Evaluation Team Phase 2: Interview(s) and/or presentation(s) of top Proposal response(s) from Phase 1 Phase 3: Administrative review of finalist(s) from Phase 2 G. Austin ISD reserves the right to make an award without discussion with any Proposer, after proposal responses are received. Proposer responses should therefore be submitted on the most favorable terms. The District may also request the Proposers to submit a Best and Final Offer for consideration.

9 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 1. Can the Agency provide a Registered Nurse (RN) and/or Licensed Vocational Nurse (LVN) with current Texas Nursing License and recent (within 2 years) experience working within parameters establish with the scope of work. Assignments may include: o Assignment to one specified student as Private Duty Nurse (PDN) o Assignment to a regular school day or partial day (i.e., 5 days per week) based on the IEP and Plan of Care. o PDN staff is responsible for all of the student s nursing care at school and/or on District vehicles that may include: Performing nursing procedures and ADL s (Activities of Daily Living) unless stated otherwise in the IEP. Emergency care of the designated student. The PDN must be able to recognize respiratory distress and immediately initiate resuscitative measures, such as suctioning, CPR, and reinsertion of tracheostomy tube. Treat other medical conditions including, but not limited to, all of the following: Diabetes, Asthma, Hemophilia. Additional skills for other procedures may be necessary including, but not limited to, all of the following: Tracheostomy Care; Care of a Ventilator-dependent Student; Nebulizer Treatments; Suctioning; Gastrostomy Care and Feeding, including Feeding Pumps; Use of an Ambu-bag; Catheterization; Vagal Nerve Stimulator and; Ostomy Care. o PDN must have own transportation for provisions of special procedures for assigned student. o Agency must have the ability to assign/deploy a PDN to an assigned student with at least a 24-hour notice. Yes/No Proposal Plan: 4 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 4 points):

10 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 2. Is the Agency to provide a national criminal history record information for every private duty nurse and be digitally fingerprinted through DPS FACT Clearing house as required by Senate Bill 9 at the cost of the Agency? Yes/No Proposal Plan: 4 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 4 points):

11 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 3. Is the Agency able to submit at least three (3) nurses by-name for clearance that may be used as back-up for specific student assignments? Yes/No Proposal Plan: 2 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 2 points):

12 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 4. Describe how the Agency will be responsible for orientation of the RN or LVN to the healthcare needs of the assigned student requiring PND. This will include all back up nurses provided by the Agency. Yes/No Proposal Plan: 2 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 2 points):

13 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 5. Describe how will the Agency supervise the PDN staff, whether by licensure or by competency, assure the requirements listed in the scope of work are being met. Yes/No Proposal Plan: 2 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 2 points):

14 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 6. Will the Agency provide the following credentials for both the RN and LVN prior to working in the District? Will you have to hire or do you have staff available? Yes/No Proposal Plan: 2 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 2 points):

15 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 7. How will the Agency provide an RN or LVN possessing the following knowledge and skills within the scope of practice of the RN or LVN? Yes/No Proposal Plan: 2 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 2 points):

16 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 8. Provide details how the Agency will assure that the RN or LVN to fulfill the following duties: o Administer nursing care to student(s) according to District protocols and Health Care Provider orders during District transport to and from school, during the school day and/or at school related activities, as necessitated by the medical condition of the student(s). o Ascertain that all required equipment/supplies are available, clean, in good working order and within the expiration date when providing care to specified assigned students. o Maintain and check oxygen cylinder daily, if used or stored in the school, for specified assigned students. o Maintain health records and documentation of nursing care provided according to District protocols. o Communicate with School Administration and Campus Nurse regarding the health care provided and the health needs of student(s). o Observe Professional and Ethical Standards in accordance with the Texas Nurse Practice Act. o Maintain a professional relationship with students, staff and families in accordance with District Policy. o Maintain confidentiality of Student Health Information and provide for Student Privacy, to include the privacy of all students in the classroom when assigned as a Private Duty Nurse. Yes/No Proposal Plan: 3 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 3 points):

17 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 9. How will the Agency handle the personal issues of their PDN staff? Yes/No Proposal Plan: 1 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 1 points):

18 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 11. It is the District s intent to bill the SHARS Program for all nursing services rendered to eligible students. Therefore, the Agency will not bill Medicaid for any nursing services provided by Agency staff contracted by the District. How will the Agency will ensure the Medicaid Reimbursement documentation requirements by the District are completed as instructed by AISD Medicaid Student Billing staff? Yes/No Proposal Plan: 3 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 3 points):

19 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 12. Will the Agency will provide time for PDN staff to complete documentation necessary for Medicaid reimbursement in a timely manner and abide by the following requirements? o Agency will provide necessary technology (e.g., computer, tablet, etc.) o Medicaid reimbursement documentation will not take place while attending the student at school or in District s vehicles. o Attend required training for entry data points in the SMART Database: SHARS (i.e., District provides training at no cost to Agency) o Completes data entry data points on a daily basis into SMART. Yes/No Proposal Plan: 3 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 3 points):

20 ATTACHMENT A Request for Proposals P Private Duty Nursing VENDOR RESPONSE FORM 13. Will the Agency be able to attend periodic meetings every nine (9) weeks with the District to discuss trends and issues regarding the requirements listed on items 1-12? Will the agency require advance notice? Who will attend the meeting? Yes/No Proposal Plan: 2 points If yes/no, describe how the Agency can or cannot meet this requirement (Vendor Capabilities: 2 points):

21 ATTACHMENT B Request for Proposals P Private Duty Nursing Services VENDOR COST SUMMARY Respondents are to provide pricing as indicated below. Agency will provide pricing for both RNs and LVNs and distinguish any variation in charges by shift, days, etc. RN OT (after 40 hours) On Call Summer Hourly Rate: Hourly Rate: Hourly Rate: Hourly Rate: LVN OT (after 40 hours) On Call Summer Hourly Rate: Hourly Rate: Hourly Rate: Hourly Rate: Provide any additional administrative fees, processing fees, etc. Provide Best Value Incentives

22 Required Forms Bidders shall execute the following forms and return the signed original with their proposal. Bid Certification Bidder certifies that they have not offered any pecuniary benefit or thing of value to gain advantage or influence a decision in this matter. Notification of Criminal History of Contractor A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony Debarment, Suspension and Ineligibility Certification Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. W-9 Form W-9 is the IRS form used by Austin ISD to request your taxpayer identification number. You may get a blank Form W-9 to fill out if you or your business is hired to provide goods or services. Filling out a W-9 is straightforward. Just provide your name and Social Security Number, or the name and Employer Identification Number of your business. By submitting a W-9, you are certifying that the tax id number you are providing is correct and accurate. Central Texas Purchasing Alliance (CTPA) Adoption Clause CTPA is a local purchasing cooperative with member public school districts. If authorized by the vendor or service provider, contracts and supply agreements resulting from this solicitation will be available to member districts. Participation is not mandatory and will not be a factor considered in the evaluation of proposals; however, the form does need to completed and submitted with your proposal. Interlocal Cooperative Agreement Clause Similar to the CTPA adoption clause, if authorized by the vendor or service provider, contracts and supply agreements resulting from this solicitation will be available to local government organizations. Participation is not mandatory and will not be a factor considered in the evaluation of proposals; however, the form does need to completed and submitted with your proposal. OPTIONAL FOR SOFTWARE PRODUCTS: Software Vendor Certification Form Austin ISD Contract & Procurement Services

23 BID CERTIFICATION The undersigned Bidder (Contractor), by signing and executing this bid, certifies and represents to the Austin Independent School District that Bidder has not offered, conferred or agreed to confer any pecuniary benefit, as defined by 1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this bid; the Bidder also certifies and represents that Bidder has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this bid; the Bidder certifies and represents that Bidder has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Austin Independent School District concerning this bid on the basis of any consideration not authorized by law; the Bidder also certifies and represents that Bidder has not received any information not available to other bidders so as to give the undersigned a preferential advantage with respect to this bid; the Bidder further certifies and represents that Bidder has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that Bidder will not in the future, offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Austin Independent School District in return for the person having exercised the person's official discretion, power or duty with respect to this bid; the Bidder certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Austin Independent School District in connection with information regarding this bid, the submission of this bid, the award of this bid or the performance, delivery or sale pursuant to this bid. FIRM NAME PHONE ADDRESS CITY STATE ZIP SIGNED BY TITLE PRINTED NAME DATE Austin ISD Contract & Procurement Services

24 NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR Statutory citation is found in the Texas Education Code Subsection (a): A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b): A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. Subsection (c): This section does not apply to a publicly held corporation. I, the undersigned officer or agent for the contractor named below, certify that the information concerning notification of criminal history of contractor has been reviewed by me and the following information furnished is true and correct to the best of my knowledge. VENDOR S NAME: AUTHORIZED COMPANY OFFICIAL S NAME: Check only one of the following: My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. My firm IS NOT owned nor operated by anyone who has been convicted of a felony. My firm IS owned or operated by the following individual(s) who has/have been convicted of a felony. Name of Felon(s): Details of Conviction(s): (attach additional sheet if necessary) (attach additional sheet if necessary) Signature of Company Official: Austin ISD Contract & Procurement Services

25 DEBARMENT, SUSPENSION AND INELIGIBILITY CERTIFICATION Statutory citation is found in the U.S. Office of Management and Budget Circular A-102, 2 CFR 11 Part 215, and Federal Acquisition Regulation Subpart 9.4 Federal agencies, state agencies, and local governments, including the Austin Independent School District, shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only. OMB Circular A-102, Grants andcooperative Agreements with State and Local Governments, Section 1 (d), requires that Austin ISD shall not award a contract to a contractor, or consent to a subcontract with a contractor, that is debarred, suspended, proposed for debarment, or otherwise declared ineligible. Contractor means any individual or other legal entity that (1) Directly or indirectly submits offers for or is awarded a Federal Government or Austin ISD contract or a subcontract under a Federal Government or Austin ISD contract; or (2) Conducts business, or reasonably may be expected to conduct business, with the Federal Government or Austin ISD. A contract award with an amount expected to equal or exceed $25,000 and certain other contract awards shall not be made to contractors that are listed on the Federal Government Excluded Parties List. Ref: 2 CFR 11 Part 215 Contractors submitting a bid or proposal in an amount expected to equal or exceed $25,000 shall certify that neither their organization nor principal officers and agents nor subcontractors are debarred, suspended, proposed for debarment, or otherwise declared ineligible by a Federal agency. I, the undersigned officer or agent for the contractor named below, certify that neither this organization nor principal officers and agents nor subcontractors are debarred, suspended, proposed for debarment, or otherwise declared ineligible by a Federal agency. VENDOR S NAME: Authorized Officer or Agent: Printed name of company official signing above: Date Signed: Austin ISD Contract & Procurement Services

26 Central Texas Purchasing Alliance (CTPA) Adoption Clause Statutory citation is found in the Interlocal Cooperation Act, Texas Government Code 791. The Central Texas Purchasing Alliance (CTPA) is an organization formed by interlocal agreements and between independent school districts (members) in Texas for the purpose of engaging the districts to share purchasing opportunities for goods and services. All member contracts, regardless of whether formed as a result of CTPA activity or interaction, shall be directly between the member and the contractor providing goods and services to the member. The CTPA, in and of itself, shall not have the authority to make purchases of goods and services. A. If authorized by the Vendor, resultant contract(s) may be adopted by the member districts of the CTPA as indicated below. Members may purchase goods and/or services in accordance with contract pricing and purchasing terms established by the Contract Lead District. B. A list of members that may utilize the Vendor s contract is listed on the CTPA website, C. Any member wishing to utilize such contract(s), will contact the Vendor to verify that the contract is available to them and will place its own order(s) directly with the successful Vendor The Successful Vendor may contact the member districts to inform them about the contract award. There shall be no obligation on the part of any participating district to utilize the contract(s). D. A negative reply by the Vendor will not adversely affect consideration of the Vendor s Solicitation response. E. Each participating district has the option of executing a separate contract with the successful Vendor, which may contain general terms and conditions unique to that contracting district. If, when preparing such contract, the general terms and conditions of a district are unacceptable to the successful Vendor, the successful Vendor may withdraw its extension of their offer to that district. F. The Contract Lead District shall not be held liable for any costs or damages incurred by another district as a result of any award extended to that district by the Successful Vendor. BY SIGNATURE BELOW, THE VENDOR HEREBY AUTHORIZES THE MEMBER AS INDICATED BELOW TO ADOPT ANY CONTRACT RESULTING FROM THE VENDOR S RESPONSE TO THIS SOLICITATION. YES NO YES, with the exception of the following districts: Vendor Name: Printed Name of Authorized Company Official: Signature of Company Official: Date: Austin ISD Contract & Procurement Services

27 INTERLOCAL COOPERATIVE AGREEMENT CLAUSE Pursuant to the Texas Education Code (a) (5), the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271 of the Texas Local Government Code, government entities, i.e. state agencies, local governments and school districts, are authorized to enter into cooperative/interlocal agreements to allow the procurement process to be performed by a single entity on behalf of all those electing to participate. Any of the above entities may be granted the privilege of joining the awarded contract at the option of the successful Proposer only. If authorized by the Proposer, the government entities would be eligible, but not obligated, to purchase goods and/or services in accordance with the terms, conditions, specifications, and pricing established under the contract(s) awarded to the Austin Independent School District as a result of this solicitation. In the event the successful Proposer allows another government entity to join the Austin Independent School District contract, it is expressly understood that Austin Independent School District shall in no way be liable for the obligations of the joining government entity. All purchases by a government entity other than Austin Independent School District will be billed directly to that government entity and paid by that government entity. Austin Independent School District will not be responsible for another governmental entity s debts. Each government entity will order its own material/service as needed. Several government entities around the Austin Independent School District may have an interest in being included in a contract resulting from this solicitation. Should these government entities decide to participate in this contract, would you (the Proposer) agree that all terms, conditions, specifications, and pricing would apply? Yes No FIRM NAME AUTHORIZED OFFICER OR AGENT PRINTED NAME TITLE DATE SIGNED: Austin ISD Contract & Procurement Services

28 AUSTIN INDEPENDENT SCHOOL DISTRICT Policy Policy and Instructions Procurement of goods and services shall be made by the method that provides the best value for the District. This competitive solicitation is either an Invitation for Bids (IFB) or a Request for Proposals (RFP) advertised under Texas Education Code and Austin Independent School District policies: CAA, Fiscal Management- Financial Ethics CH, Purchasing and Acquisition; CHE, Purchasing and Acquisition- Vendor Relations; CHF, Purchasing and Acquisition- Payment Procedures; CHG, Purchasing and Acquisition- Real Property and Improvements; and CHH, Purchasing and Acquisition- Financing Personal Property Purchases. Individuals or entities considering whether to submit a bid or proposal are encouraged to review the entirety of these policies before submitting a bid or proposal. All can be accessed on the District s web site in the Quicklinks box under Policy. Selected portions are re-stated here for emphasis. Ethics All Trustees, employees, vendors, contractors, consultants, volunteers, and any other parties who are involved in the District s financial transactions shall act with integrity and diligence in duties involving the District s fiscal resources. Policy CAA (Local) Contacting Board Members Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between the time a request for proposal or a bid is formally released and a recommendation is made by the administration to the Board. If a vendor violates this prohibition during this time frame, consideration of the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken. Policy CHE (Local) Opening Bids Bids may be opened only by the Board at a public meeting or by an officer or employee of the District at or in an office of the District. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Local Gov t Code The Board shall have the right to reject any and all bids. Local Gov t Code (a) Bid openings and the receipt of proposals will be held at the offices of: Austin ISD Contract & Procurement Services 1111 West 6 th Street, Building A, Suite 330 Austin, Texas Bids and proposals are due no later than 2:00 PM on the date indicated in the IFB or RFP. Austin ISD Contract & Procurement Services

29 AUSTIN INDEPENDENT SCHOOL DISTRICT The public and all bidders shall be invited to attend the bid opening. Any bid may be withdrawn prior to the scheduled time for opening. Bids received after the specified time shall not be considered. Policy CH (Local) Proposals received after the specified time shall not be considered. Proposals shall be opened at the time specified, and the public and all proposers shall be invited to attend the proposal opening. Proposals may be withdrawn prior to the scheduled time of opening. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened. Policy CH (Local) Factors In awarding a contract, the District shall consider: 1. Purchase price. 2. The reputation of the vendor and of the vendor s goods and services. 3. The quality of the vendor s goods or services. 4. The extent to which the goods or services meet the District s needs. 5. The vendor s past relationship with the District. 6. The impact on the ability of the District to comply with laws relating to historically underutilized businesses. 7. The total long-term cost to the District to acquire the goods or services. 8. For a contract that is not for goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor s ultimate parent company or majority owner has its principal place of business in this state or employs at least 500 persons in this state. 9. Any other relevant factor specifically listed in the request for bids or proposals. Education Code (b) Recycled Products The District shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Policy CH (Legal) Agricultural Products If the cost and quality are equal, the District shall give preference in purchasing to agricultural products, including textiles and other similar products that are produced, processed, or grown in Texas. Policy CH (Legal) Vegetation for Landscaping If cost is equal and the quality is not inferior, the District shall give preference to Texas vegetation when it purchases vegetation for landscaping purposes. Policy CH (Legal) Austin ISD Contract & Procurement Services

30 AUSTIN INDEPENDENT SCHOOL DISTRICT Instructions 1. Read the entire contents of the solicitation and respond with a complete and accurate bid or proposal (offer). Failure to do so may be grounds for disqualification of your offer. All supplemental information required by the IFB or RFP must be included. 2. A copy of the Standard Services Agreement or Master Purchase Agreement is included for information purposes only. In the event of an award decision under this solicitation, both parties will negotiate an agreement for execution. The District has prepared the referenced agreement boilerplates to expedite the process. Please review all provisions and identify any exceptions or suggested additions to the agreement in your proposal. 3. State the manufacturer, trade and/or brand name and model that the bidder commits to provide for each item. The use of brand and manufacturer's name in the solicitation is for the purpose of brevity in establishing type and quality of merchandise and is not restrictive. Illustrations and complete product specifications shall be included with the offer if bidding other than specified. 4. Complete the Conflict of Interest Questionnaire (Form CIQ), as prepared by the Texas Ethics Commission, in compliance with Chapter 176 of the Texas Local Government Code submitted online at: 5. Bidders may make written inquiries concerning this solicitation to obtain clarification of the requirements. Inquiries shall be submitted no later than the time and date specified on the cover page. Questions received by this deadline and corresponding answers will be included in an Addendum and posted to our website at: Submit inquiries via to the contact person listed on the cover page. In the subject line of the , type: Questions, IFB # or RFP # and Title of IFB or RFP. 6. Bids must be submitted on this form and must reach the Austin Independent School District (AISD) Carruth Administration Center (CAC) on or before the hour of opening on the date specified. Austin ISD Contract & Procurement Services

31 PR #: Campus/Dept.: NOGA: Service Agreement between Austin Independent School District and This Service Agreement ( Agreement, as further defined in the paragraph immediately below) is entered into and effective on the last date that the Agreement is fully executed by the Parties (as defined herein below) by and between Austin Independent School District, a Texas school district ( District ), and, a person or business entity ( Contractor ). District and Contractor (collectively Parties and singularly a Party ) agree as follows: This Agreement consists of the Signature Page and the following: the Terms and Conditions set forth below and all contents hereof; the Statement of Work (Exhibit A); the Basis of Compensation (Exhibit B); Criminal History Record Information Review and Contractor Certification (Exhibit C), and Additional Exhibits (Exhibits D, E, F, G, and H). This Agreement shall also include the Request for Proposals ( RFP ), when applicable, and Contractor s proposal. Terms and Conditions: GENERAL PROVISIONS: 1. DELIVERABLES: This Agreement requires Contractor agrees to provide services: as set forth hereunder, and as detailed in the RFP and Contractor s proposal, and as detailed in the Statement of Work (collectively, the foregoing shall constitute Deliverables and as applicable, singularly Deliverable, as used in this Agreement), in a prompt, timely and professional manner. Quantities shown in the RFP are District s best estimate of District s requirements for the Agreement term but should not be construed as guaranteeing a minimum purchase quantity or establishing a ceiling. Contractor agrees services will not begin and payments will not be made by District until the Agreement is fully executed, a purchase order has been issued by District to Contractor and an invoice has been submitted by Contractor to District. Without limitation, Contractor will provide the Deliverables in accordance with the specified deadlines in the Statement of Work. Per District policy, contracted services provided by District employees or their immediate family members are prohibited without prior approval from the Superintendent or the Superintendent s authorized designee. 2. TERM OF AGREEMENT: Subject to Section 4, the term of this agreement shall be one (1) year upon full execution of this Agreement and continue in force for so long as any Exhibit to this Agreement remains in effect or until terminated in accordance with its terms. 3. RENEWAL OPTIONS: Provided that the Agreement is still in effect, the District shall have the option to renew the term of this Agreement for ( ) additional one-year periods commencing at the expiration of the term as defined in Section 2 and upon the same terms and provisions set forth herein. Renewal options shall be made by amendment to this Agreement, in writing and signed by authorized representatives of Contractor and District. 4. TERMINATION OF AGREEMENT: Except as otherwise allowed below, this Agreement shall terminate when Contractor shall have completed all work covered by this Agreement, unless extended by written mutual agreement of District and Contractor at the time final service is completed. The District may terminate the Agreement for any reason if the Contractor fails to fulfill the obligations in a timely and proper manner. The District may terminate the Agreement by giving written notice of such termination and the effective date of the termination. In the event of termination prior to completion of the Agreement, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed to the date of termination. The District may also terminate this Agreement at any time without cause by the furnishing of a five (5) day written notice from an authorized District representative to the Contractor, but the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed to the total services of this Agreement, less any compensation previously paid. Page 1 of 12 Service Agreement

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