Special Education Services for Wil-Cam Coop

Page | 1 RAYMONDVILLE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT 419 FM 3168 Raymondville, Texas 78580 Phone: (956) 689-8175 REQUEST FOR PROPOSAL FOR: SPECIAL EDUCATION SERVICES RFP #23-018 Date of Issue: September 13th, 2023 Deadline for Proposals: September 27th, 2023 at 3:00 pm You are invited to submit a Proposal for Special Education Services for the Raymondville Independent School District (RISD). This is an annual bid subject to bid extensions for up to 3 years on a as needed basis. Vendors that were awarded in a previous bid (RFP #23-018) HAVE to respond to this bid if they wish to continue being a vendor. All questions can be emailed to Lopezja@raymondvilleisd.org. The District recommends you either hand deliver the RFP response to the Purchasing Office at the following address: Raymondville ISD Purchasing Department 419 FM 3168 Raymondville, Texas 78580 or have it delivered by a courier type service,

such as FedEx or UPS, etc., with a recipient’s signature and documented time of delivery. Proposals submitted via the U.S. Postal Service are to be mailed to: Raymondville ISD Purchasing Department 419 FM 3168 Raymondville, Texas 78580 The U.S. Postal Service mail goes to our warehouse to be processed before delivery to the departments. NOTE: Delivery of Proposal envelope to other Departments within the Raymondville Independent School District is not considered as delivery to the Purchasing Department. You may mail the response in time, but it may not be received in the Purchasing Office in a timely fashion, and therefore will be rejected. Proposals received at the RISD Purchasing Department after the time and date specified above will not be considered and will be filed unopened. Raymondville ISD shall not be held liable for late proposals. Oral, e-mail or telegraphic proposals transmitted via the District’s facsimile machine are not acceptable. DO NOT FAX YOUR SUBMISSION. SUBMIT ONE ORIGINAL AND THREE (2) COPIES OF PROPOSALS unless otherwise indicated in the specifications. PLEASE SUBMIT PROPOSAL NO LATER THAN 3:00 PM LOCAL TIME ON September 27th, 2023. Mark your sealed envelope in the lower left hand corner with RFP #23-018, Company Name, time and due date, as noted above. (Should the district close for unforeseen reasons (force majeure) on the date the mailto:longoriad@raymondvilleisd.org Page | 2 solicitation is due, the above referenced date should be changed to 3:00 PM the first date the district is open to conduct business). You are invited to submit a proposal to provide Special Education Services for the Raymondville Independent School District (RISD) from Sept. 13th, 2023 (or date of award) through Sept. 27th, 2023. The RFP response MUST be signed by an individual authorized to contractually bind the firm submitting the Response. A failure to sign the Response will cause it to be rejected as NON-RESPONSIVE. Responses must give full name and address of Proposer. Person signing the Response should show title or authority to bind his/her firm in a contract. RESPONSES WILL NOT BE OPENED OR READ PUBLICLY RAYMONDVILLE INDEPENDENT SCHOOL DISTRICT By: David Longoria, CFO You are representing to Raymondville ISD that you are authorized to submit this proposal by signing below. Company Name Address City State Zip Signature of Authorized Representative Date _______ Printed Name Email Phone Fax REQUIRED SUBMITTAL Page | 3 2.0 INSTRUCTIONS TO PROPOSERS 2.1. PROCESS OVERVIEW: This section outlines the steps in the procurement process. Deadline for Questions September 27th, 2023 by 5:00 pm CST Deadline for Responses to Vendor Questions September 27th, 2023 Proposal Due Dates September 27th, 2023 by 3:00 pm CST Anticipated Award Date October 10th, 2023 2.2. Raymondville ISD’s contact for questions relating to this RFP is Joe Lopez, Lopezja@raymondvilleisd.org , 956-689-8175, Ext: 4129. Questions must be submitted in writing no later than August 1, 2022 by 5:00 pm CST. Responses to questions, if required, will be posted on the district’s website by September 27th, 2023. It is the proposer’s responsibility to check this website for addenda postings prior to submitting responses. 2.3. All Proposers must execute the REQUIRED FORMS enclosed (or otherwise requested herein) for the RFP to be considered responsive. The name of the representative on these forms should be the same. All supplemental information required by the RFP Form must be included with the RFP. Failure to provide complete and accurate information may disqualify the Proposer. 2.4. If any exceptions are taken to any portion of this RFP, the Proposer must clearly indicate the exception taken and include a full explanation on the Deviation/Compliance Form (See Required Forms), or as a separate attachment to the RFP. The failure to identify exceptions or proposed changes will constitute acceptance by the proposer of the RFP as proposed by the District. The District reserves the right to reject a RFP containing exceptions, additions, qualifications or conditions. 2.5 Raymondville ISD is exempt from federal excise taxes, state and local sales taxes and use taxes. 2.6 Award/Evaluation of Proposals a. The Raymondville Independent School District reserves the right to accept or reject all or any part of any proposal, waive minor proposal formalities/technicalities and award the proposal deemed to be most advantageous to the District. b. The District reserves the right to award to a single proposer, multiple proposers, each line item separately or in any combination it determines to be in its best interest. c. Responses and offers must remain open for acceptance for a period of thirty (30) days subsequent to the opening of RFPs, unless otherwise indicated, to allow time for the offer(s) to be evaluated and Board of Trustees action, if required. d. The successful bidder(s)/proposer(s) will be notified in writing (manifested by an award letter or properly executed purchase order) after review and acceptance by the District. mailto:longoriad@raymondvilleisd.org Page | 5 3.0 RAYMONDVILLE ISD TERMS AND CONDITIONS 3.1 In submitting a RFP, Proposer understands and agrees to be bound by the following terms and conditions which shall be incorporated into any future contracts, agreements, or purchase orders relating to this RFP between the firm and the District. 3.2 ASSIGNMENT The successful Proposer may not assign its rights and duties under an award without the written consent of the District. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 3.3 TERMINATION Raymondville ISD shall have the right to terminate for default all or part of a resulting contract if the firm breaches any of the terms hereof or if the firm becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Raymondville ISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance. Raymondville ISD has the right to terminate a resulting contract for convenience, without penalty, for non-appropriation or non-availability of funds by delivery to the proposer of a “Notice of Termination” specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective. Raymondville ISD may terminate a resulting contract and debar the firm from future “bidding” for violations of the federal requirements including, but not limited to, “Contract Work Hours and Safety Standards Act”, “Equal Employment Opportunity Act”, and “Energy Policy and Conservation Act”. 3.4 INDEMNIFICATION The Raymondville ISD is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction. 3.5 REMEDIES The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the Raymondville ISD to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Trustees, be subject to mediation at the request of either party. Any issues not resolved hereunder must be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing fee equally. Mediation shall be held in Willacy County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District’s Board of Trustees, signed by the Parties if approved by the Board of Trustees, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Page | 6 3.6 CHOICE OF LAW This agreement and any addenda or other additions and all contracts or awards resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. 3.7 JURISDICTION AND SERVICE OF PROCESS Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Willacy County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. 3.8 ALTERNATIVE DISPUTE RESOLUTION Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venues shall be at a location in Willacy County, Texas agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost. 3.9 ACTS OR OMISSIONS The successful vendor will be expected to indemnify and hold harmless the Raymondville ISD, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney’s fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements ultimately made by Raymondville ISD and the vendor. 3.10 CONTRACT GOVERNANCE Any contract made or entered into by the Raymondville ISD is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov’t Code. Otherwise, Raymondville ISD does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. 3.11 PAYMENT TERMS Raymondville ISD pays net 30 or at point of sale and complies with the State of Texas payment law, Texas Government Code, Chapter 2251. See statute for specifics or consult your legal counsel. 3.11.1 Payment will be made within 30 days after the later of, receipt of goods/services and a properly submitted invoice. The district considers an invoice properly submitted when the following conditions are met: a. Invoice is received at the address indicated on the purchase order Page | 7 b. Pricing on the invoice matches the price on the purchase order c. Include a description of the goods or services provided, the purchase order number, invoice number and any applicable cash discount. d. Quantities on the invoice do not exceed those specified on the Purchase Order e. Unique invoice number used for each billing f. Merchandise has been shipped or service performed. g. Description of goods and services on the invoice shall match the description on the Purchase Order. Cash/prompt payment discounts offered will not be considered in determining the award but will be taken if earned. Purchase Orders will serve as the award instrument(s) against this Request for Proposal. Orders will be placed as items are approved for purchase and funds become available. 3.12 FUNDING OUT CLAUSE Pursuant to Texas Local Government Code Sec. 271.903, any Proposal/Offer accepted by Raymondville ISD and all contracts to be approved are subject to the budgeting and appropriation of then currently available funds. See statute for specifics or consult your legal counsel. Funds are presently available for fiscal year 2015-2016. Should the Raymondville ISD Board of Trustees not approve funds for this service for subsequent years, any contract resulting from this Request For Proposal will automatically terminate on the last day of the school fiscal year for which funds have been appropriated at no further cost or obligation to the District. 3.13 CRIMINAL HISTORY CHECKS During the term of this agreement, the firm’s employees have the potential to have continuing duties and direct contact with students. Subsequently, the company is responsible for complying with Texas Education Code § 22.0834. Supplier may not commence work until all employees have been approved by the Purchasing Department. The Raymondville Independent School District requires that all individuals who perform services on RISD property pursuant to this Request For Proposal to have a criminal background check. Prior to the provision of services by any such individual, the proposer shall be responsible for providing to RISD a criminal background check that was completed and dated within (1) year of the proposed dates of service and that is sufficient to meet the standards determined by RISD in its sole discretion. Failure to provide an acceptable and up-to-date criminal background check for each individual providing services under this Request For Proposal shall be grounds for immediate termination of any contracts or agreements. 3.14 INSURANCE REQUIREMENTS The Insurance Requirements in the Required Documents section apply to this Proposal Invitation and any resulting award. The Insurance Certificate is not required to be submitted with this proposal; however, if proposer is to receive an award, the certificate must be submitted to the Raymondville ISD Purchasing Office prior to commencement of work on District Property within five (5) days of verbal or written request by the Purchasing Office (whichever is earlier). Page | 8 3.15 EXCLUSIVITY OF AWARD Any awards or contracts resulting from this document and the process described herein are not an exclusive award or a guaranteed quantity or volume and the Raymondville ISD reserves the right to purchase goods or services described herein from other sources, unless the specifications herein and resulting contract documents expressly provide to the contrary in which case the contract provision will control for this provision. 3.16 INDEPENDENT CONTRACTOR It is understood that in the performance of any services herein provided, for Contractor shall be, and is, an independent contractor, and is not an agent or employee of the District and shall furnish such services in its own manner and method, except as required by this contract. Further, Contractor has, and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend, and save the District harmless, from all matters relating to the payment of its employees, including compliance with Social Security, withholding, and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 3.17 RECORDS Upon request by Raymondville ISD, any duly authorized representative of Raymondville ISD shall, until three (3) years after final payment under this Agreement, have access to and right to examine directly pertinent books, papers, documents, accounts, and records of Seller involving transactions related to this Agreement and to examine Seller’s place of business as necessary to determine whether the terms of this Agreement are being carried out. This audit will be conducted at a location where those business documents are being held at the time of the audit request. Seller shall be required to maintain such records for three years after final payment. 3.18 FEDERAL FUNDING Federal Acquisition Regulation (FAR) contract clauses, which may be required for orders placed using federal funds, are herein incorporated as follows: a. CFR Title 37: Patents, Trademarks, and Copyrights - Part 401—Rights to inventions made by nonprofit organizations and small business firms under government grants, contracts, and cooperative agreements; b. Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). c. Energy Policy and Conservation Act of 1975 (Pub. L. 94–163, 89 Stat. 871). d. Certification Regarding Lobbying- Section 1352, Title 31, U.S. Code e. Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Db98ad876f6d57ddccb81b9d03bd10ba2%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D37%3A1.0.4.13.1%3Bidno%3D37%3Bcc%3Decfr http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Db98ad876f6d57ddccb81b9d03bd10ba2%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D37%3A1.0.4.13.1%3Bidno%3D37%3Bcc%3Decfr http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr%3Bsid%3Db98ad876f6d57ddccb81b9d03bd10ba2%3Brgn%3Ddiv5%3Bview%3Dtext%3Bnode%3D37%3A1.0.4.13.1%3Bidno%3D37%3Bcc%3Decfr 9 Education Department General Administrative Regulations END OF SECTION EDGAR Applicability 34 CFR Part 75 – Direct Grant Programs Applies to grants awarded directly to the District by the USDE or by another federal awarding agency; also applies to subgrants awarded by TEA for a competitive grant that TEA applied for and received 34 CFR Part 76 – State-Administered Programs Applies to all formula grants administered by TEA and to all grants allocated to TEA based on a formula 34 CFR Part 77– Definitions that Apply to Department Regulations Applies to all federal education grants 34 CFR Part 81 – General Education Provisions Act (GEPA) – Enforcement Applies to all federal education grants 34 CFR Part 82 – New Restrictions on Lobbying All federal grants (government-wide) 34 CFR Part 84 – Government-wide Requirements for Drug-Free Workplace Applies to all entities that receive grants directly from the USDE or from any other federal agency. It does not apply to LEAs that only receive funds through TEA or another pass-through agency. 34 CFR Part 86 – Drug and Alcohol Abuse Prevention Applies to IHEs (i.e., colleges and universities) receiving federal funds directly from the U.S. Department of Education (USDE) or any other federal agency 34 CFR Part 97 – Protection of Human Subjects Applies to all research involving human subjects conducted, supported, or otherwise subject to regulation by the USDE or any other federal department or agency that makes it applicable. There are exemptions for certain educational activities. 34 CFR Part 98 – Student Rights in Research, Experimental Programs, and Testing Applies to all federal education grants unless specifically exempted in the regulations 34 CFR Part 99 – Family Educational Rights and Privacy Applies to all entities receiving federal education funds 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Applies to all new federal grants awarded as of December 26, 2014 2 CFR Part 3474 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (adopts 2 CFR Part 200 in its entirety with two minor exceptions) Applies to all federal education grants awarded as of December 26, 2014 2 CFR Part 3485 – Nonprocurement Debarment and Suspension Applies to all entities that receive federal grants, subgrants, and subcontracts (government-wide) http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.22&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.23&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.24&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.24&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.27&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.27&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.28&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.29&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.29&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.30&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.31&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.32&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.32&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.33&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=393301a7cdccca1ea71f18aae51824e7&node=34:1.1.1.1.33&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=6214841a79953f26c5c230d72d6b70a1&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=6214841a79953f26c5c230d72d6b70a1&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=6214841a79953f26c5c230d72d6b70a1&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=be24d843a89f91b635618eb7a061c560&node=pt2.1.3474&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=be24d843a89f91b635618eb7a061c560&node=pt2.1.3474&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=be24d843a89f91b635618eb7a061c560&node=pt2.1.3474&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=be24d843a89f91b635618eb7a061c560&node=pt2.1.3474&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=873ca4f329bb04dea67175bc0c68b8a8&node=pt2.1.3485&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=873ca4f329bb04dea67175bc0c68b8a8&node=pt2.1.3485&rgn=div5 10 4.0 SCOPE OF SERVICES AND PERFORMANCE REQUIREMENTS 4.1 Purpose of Solicitation The Raymondville Independent School District is seeking qualified firms interested in contracting with the District to provide various special education services as identified below. The award will be for the 2022-2023 fiscal year period. These services shall be purchased on an "AS NEEDED" basis, with Raymondville ISD making the sole determination of need. Multiple vendor awards are anticipated to provide the district with a variety of resources for needed services. All suppliers agree to provide service as required within the time limitations designated by the Raymondville ISD (upon receipt of an RISD Purchase Order). Specific services requested include: a. Licensed Psychologists b. Licensed Specialists in School Psychology, c. Texas Certified Educational Diagnosticians, d. Licensed Physical Therapists, Licensed Occupational Therapists, e. Optometrists/Ophthalmologists (MD), f. Licensed Speech-Language Pathologists, g. Educational Specialist in Rett Syndrome/Multiple Disabilities, h. Certified Deaf/Hard of Hearing Teacher, i. Board Certified Child & Adolescent Psychiatrist (MD), j. Board Certified Behavior Analysis (BCBA), k. Registered Music Therapist, Certified Interpreter of the Deaf, l. Licensed Audiologists, Board Certified Otologists (MD), m. Educational Consultants with Expertise in Behavior and, n. Educational Consultants with Expertise in Instructional/Intervention Resources o. Dyslexia Specialists 4.2 Does your firm fit the IRS definition of an Independent Contractor? People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax. If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center. You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed. If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Self-Employment Tax. However, your earnings as an employee may be subject to the FICA (Social Security tax and Medicare) and income tax withholding. For more information on determining whether you are an independent contractor or an employee, refer to the section on Independent Contractors or Employees. 11 4.3 Raymondville ISD Background Raymondville ISD has an enrollment of approximately 2,100 students. The district has two elementary schools, one middle school, and one high school. The District is also the fiscal agent for the Wil-Cam Special Education Cooperative and provides services for San Perlita ISD, Santa Rosa ISD, and Lasara ISD. 4.4 Services Requested Services requested include special education related evaluation, consultation, professional staff development, program improvement, and direct services as defined below: Consulting: Transference of specific knowledge from a professional with wide knowledge of a specific subject in the area of special education. These services may include providing advice to teachers, staff and parents about disabilities and other areas associated with special education trends and issues. Evaluation: A process of collecting information both formally and informally from a number of sources about a specific student. Evaluations may include standardized tests and other measures whose results may lead to determine if a student meets state and federal eligibility criteria as a child with a special education disability. Professional Staff Development: Activities to enhance professional career growth for teachers and other educational staff in specific areas related to special education. Program Improvement: The process of assisting special education administrators and other personnel in improving special education programs in the District. Improvement targets may result from advice from professionals with expertise in the areas needing improvement. Direct Services: Services given to students as recommended by their IEP. Examples include therapy and counseling for the educational setting. 4.5 Procurement Process A. Raymondville ISD anticipates selecting from each category listed above, through the “evaluation” process. The vendor’s selected will be experienced and have demonstrated excellence in the discipline identified. When needs arise, the District will select an approved firm. B. Recommendation of Firms The Raymondville ISD review committee will recommend firms for Board of Trustee Approval, if required, and subsequent approval. 4.6 Service Provider Responsibilities: a. Comply with all federal, state, and local policies, procedures, and guidelines for determining eligibility for services b. Provide services based upon best practices in the field c. Comply with all provisions of the licensing law under which he or she is accountable d. Provide all required paperwork in a timely manner e. Certify that any service professional placed in the District has been cleared through a nationwide criminal background check and fingerprinted. f. Remove any provider whose background, training, or skills do not meet the standards of the District (as solely determined by the District) g. Be expected to be in compliance with all Texas licensing and certification requirements to do business in Texas and provide the described services h. Be expected to comply with all applicable Federal and State laws related to education of 12 disabled students and the District's policies, practices and procedures in connection therewith i. Must comply with all laws and regulations protecting the rights of privacy and confidentiality of the District's students and personnel j. Provide transportation to one or multiple schools or departments k. Services may be provided on a RISD campus, office of provider (if service is evaluation), administration building or at available district sites. Observation of student at their assigned campus and teacher/staff interviews are required for evaluation purposes l. Contractors must provide their own test kits, protocols, and any printed materials including handouts. Subcontractor services are not permitted. m. Attend meetings which may include but may not be limited to Admission Review Dismissal (ARD)/Individualized Education Program (IEP) committee meetings, staff meetings with school personnel and meetings regarding special education legal issues n. Provide written reports of disability that meet district, state and federal special education guidelines and reports on recommendations/proposals may be required as stated on Statement of Work. o. Full and Individual Evaluation and disability reports must contain all necessary components as mandated by law. The Legal Framework available on the TEA website contains this information. The website address is: www.tea.state.tx.us 4.7 District Responsibilities: a. Provide audio/visual equipment for presentations (computer/laptop, microphone, etc.) as requested/required as well as internet service. b. Provide rooms for assessments/evaluations and presentations, as requested/required. c. Provide copies of handouts for presentations, as requested/required. d. Provide personnel to consult with, if needed, as requested/required. 4.8 Respondent’s Submittal: Each firm shall organize the response in the order listed below and include the content as requested. Firms may bid on one, several or all of the services listed below. This information will also be used for the Evaluation Criteria previously listed. Raymondville ISD reserves the right to reject as non- responsive any responses that do not contain the information requested in this RFP. Additionally, Raymondville ISD reserves the right to reject, as non-responsive, any responses that are not organized and formatted as described in this RFP. 1. Corporate Background and Experience (This section is for companies that represent multiple consultants) a. Letter of intent shall be submitted with the Proposals and must be signed by an individual authorized to contractually bind the firm. Failure to provide the letter will be consider as “non-responsive”. b. Submit Vita for consultants that your firm may represent. c. How many years has your firm been in business under its present name? d. Indicate all other names by which your firm has been known and length of time known by each name. 2. Key Project Personnel Provide a vita which provides the educational background and professional experience 13 3. Professional Fee Provide a fee structure for Part-time and Full-time services. Pricing for all services to be provided. Provide a completed Service Provider Matrix listed as Exhibit A. Provide a copy of professional license for any prospective related service provider Provide proof of insurance, if applicable Provide a copy of Certificate of Authority to do business in the State of Texas, if applicable 14 EXHIBIT A: Service Provider Matrix/Categories Name of Service Provider: ________________________________________ Please check each service that your firm is proposing to provide: Licensed Psychologists Licensed Specialists in School Psychology Texas Certified Educational Diagnosticians Licensed Physical Therapists Licensed Occupational Therapists Optometrists/Ophthalmologists (MD) Licensed Speech-Language Pathologists Educational Specialist in Rett Syndrome/Multiple Disabilities Certified Deaf/Hard of Hearing Teacher Board Certified Child & Adolescent Psychiatrist (MD) Board Certified Behavior Analysis (BCBA) Registered Music Therapist Certified Interpreter of the Deaf Licensed Audiologists Board Certified Otologists (MD) Educational Consultants with Expertise in Behavior Educational Consultants with Expertise in Instructional/Intervention Resources Educational consultants with Expertise in Program Improvement Dyslexia Specialist Orientation and mobility (O and M) Other:____________________________________________ Other:____________________________________________ Other:____________________________________________ Other:____________________________________________ Other:____________________________________________ 15 Service Provider Matrix/Categories Name of Service Provider:_____________________________________ Please enter below the years of service requested for Evaluations and for Consulting. Evaluation Years of Service Consulting Years of Service Autism Autism Emotional Disturbance Emotional Disturbance Neuropsychology Behavior Management Behavior Management Attention Deficit Hyperactivity Disorder (ADHD) Cross Battery Learning/Cognitive Disabilities Learning/Cognitive Disabilities Cross Battery Traumatic Brain Injury (TBI) Speech- Articulation, Voice, Fluency, Language Cultural Difference/Cultural Responsiveness Early Intervention Limited English Proficiency (LEP) Traumatic Brain Injury Early Childhood Instruction Applied Behavior Analysis (ABA) Early Childhood Vision Legal Issues Occupational Therapy (OT) Cultural Differences/Responsiveness Physical Therapy (PT) Limited English Proficiency Speech-Language Therapy Occupational Therapy Vocational Physical Therapy Assistive Technology (AT) Report Writing Auditory Impairments Vocational Medical Exams Transition Music Therapy Assistive Technology Non-Verbal/Low Incident Evaluation Auditory Impairments Bilingual Deaf Interpreting Dyslexia Interpreting/Translation Low Incident Disabilities 16 Please enter below the years of service requested for Program Improvement and for Professional Development. Please enter the number of years experience for the direct services indicated below. Program Improvement Years of Service Professional Development Years of Service Autism Autism ADHD Emotional Disturbance Emotional Disturbance ADHD Behavior Management Behavior Management Learning/Cognitive Disabilities Report Writing TBI Cross Battery Instruction Learning/Cognitive Disabilities Cultural Differences/Responsiveness Instruction LEP TBI Early Childhood Cultural Differences/Responsiveness ABA LEP Speech Therapy Early Childhood Vision ABA Report Writing OT Vocational PT Transition Vision Rett Syndrome/Multiple Disabilities Speech Therapy Auditory Impairments Vocational Interpreting/Translation of Languages Transition Dyslexia Assistive Technology Auditory Impairments Rett Syndrome/Multiple Disabilities Direct Services Years of Experience Counseling OT PT Speech Therapy Music Therapy Deaf Interpreting Bilingual Evaluations/Therapy Dyslexia 17 5.0 PRICING SHEET The prices in this proposal have been determined independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter related to such prices, with any other offeror or with any competitor. I, or we, are authorized to submit this proposal and have not been a party to any collusion among proposers in restraint of freedom of competition by agreement to propose at a fixed price or to refrain from proposing; or with any Raymondville ISD employee, Board Trustee, or consultant as to quantity, quality, or price in the prospective contract, or in any terms of the prospective contract except in any authorized discussion(s) with Raymondville ISD’s Purchasing personnel; or in any discussions or actions between proposers and any Raymondville ISD employee, Board Trustee, or consultant concerning exchange of money or other things of value for special consideration in the award of this contract. An individual proprietorship A partnership A corporation chartered under the laws of the State of , acting by its officers pursuant to its by-laws or a resolution of its Board of Directors Company Officer: Date: Name of Firm: Signature: Firm’s Address: Street Address Name: Please Print City State Zip Title: Phone #: Please Print E-mail: Fax #: Fed ID #: 18 The company or contractor agrees to provide the specified Special Education Services to Raymondville ISD at the rates indicated below and agree to hold the rates firm for the term of the agreement, including the option years. Please check each service that your firm is proposing to provide and enter the rates you are proposing: NOTE: Full Time (35+ hours a week), Part time (Less than 35 hours per week) Company Name : $ Per Hour $ Per Day $ Per Half-Day 1 Licensed Psychologists $ $ $ 2 Licensed Specialists in School Psychology $ $ $ 3 Texas Certified Educational Diagnosticians $ $ $ 4 Licensed Physical Therapists $ $ $ 5 Licensed Occupational Therapists $ $ $ 6 Optometrists/Ophthalmologists (MD) $ $ $ 7 Licensed Speech-Language Pathologists $ $ $ 8 Educational Specialist in Rett Syndrome/Multiple Disabilities $ $ $ 9 Certified Deaf/Hard of Hearing Teacher $ $ $ 10 Board Certified Child & Adolescent Psychiatrist (MD) $ $ $ 11 Board Certified Behavior Analysis (BCBA) $ $ $ 12 Registered Music Therapist $ $ $ 13 Certified Interpreter of the Deaf $ $ $ 14 Licensed Audiologists $ $ $ 15 Board Certified Otologists (MD) $ $ $ 16 Educational Consultants with Expertise in Behavior $ $ $ 17 Educational Consultants with Expertise in Instructional/Intervention Resources $ $ $ 18 Educational Consultants with Expertise in Program Improvement $ $ $ 19 Dyslexia Specialist $ $ $ Other: $ $ $ Other: $ $ $ Other: $ $ $ Other: $ $ $ Page | 4 The proposer and associated solutions shall be evaluated based on the following selection criteria: EVALUATION FACTORS EVALUATION CRITERIA POINTS 1 The purchase price 25 2 The reputation of the vendor and of the vendor's goods or services 10 3 The quality of the vendor's goods or services 20 4 The extent to which the goods or services meet the district's needs 25 5 The vendor's past relationship with the district 5 6 The total long-term cost to the district to acquire the vendor's goods or services 5 7 Any other relevant factor specifically listed in the Request for Proposal or Proposals 10 Per Texas Education Code, Subchapter B, Sec. 44.031 (b) *ALL CONTENTS PROVIDED IN THIS SOLICITATION WILL BE CONSIDERED AS AN EVALUATION FACTOR. 19 Required Forms a. Page 2 of Request for Proposal b. Exhibit A – Service Provider Matrix/Categories - Pages 14-16 c. 5.0 Pricing Sheet – Pages 17-18 d. Proposer Questionnaire e. Deviation/Compliance Signature Form f. Confidentiality Declaration Form g. Commitment to Provide Current Business Insurance Affidavit h. Certification for Criminal History Check i. Conflict of Interest Disclosure Form j. Conflict of Interest Questionnaire k. Notification of No Conflict of Interest l. Family Conflict of Interest Questionnaire m. Edgar Certifications ALL REQUIRED FORMS MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONSE, OR THE RESPONSE WILL BE DEEMED NONRESPONSIVE. 20 Proposer Questionnaire 1. Does your company accept Purchase Orders? Yes  No  2. The Raymondville ISD has authorized district employees to use a credit card on a limited basis to make purchases for business purposes. 2.1. Will your company accept these credit card purchases? Yes  No  3. Proposer’s principal place of business (or main corporate office) is located in _________(state). 3.1. Proposer’s principal place of business is located within the boundaries Yes  of the Raymondville Independent School District? No  4. Is your firm willing to honor the terms and conditions of this contract if Yes  awarded a contract as an alternate? No  21 DEVIATION/COMPLIANCE SIGNATURE FORM RFP #22-022 Company Name Address City State Zip Phone Number Fax Number If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation.  No Deviation  Yes, Deviation If yes is checked, please list below: 22 CONFIDENTIALITY DECLARATION FORM CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUEST FOR RAYMONDVILLE ISD IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal as confidential information and not subject to disclosure pursuant to Chapter 552 Tex. Gov’t Code or other laws, you must make a copy of all claimed confidential materials within your proposal and put this COMPLETED form as a coversheet to said materials and place this completed form and the copied materials in a separate envelope and include the confidential materials envelope with your proposal submission. (The envelope will not be opened unless a Public Information Request is made. You must include the confidential information in the submitted proposal as well. The copy in the envelope is to show RISD which material in your proposal you deem confidential only in the event of a Public Information Request.) You must place the following wording that is between the dotted lines on the outside of the envelope containing the copies of the confidential materials. You may copy, complete and affix the following to the envelope containing the copies of the confidential materials. Raymondville ISD will follow procedures of controlling statute(s) regarding any claim of confidentiality. Pricing of solicited products or service may be deemed as public information under Chapter 552 Tex. Gov’t Code. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This envelope contains material for our proposal that I classify and deem confidential under Tex. Gov’t Code § 552 and I invoke my statutory rights to said confidential treatment of the enclosed materials: Name of company claiming confidential status of material Printed Name and Signature of authorized company officer claiming confidential status of material Address City State Zip Phone ENCLOSED ARE COPIES OF ____ PAGES OF CONFIDENTIAL MATERIAL FROM OUR RESPONSE TO RFP # 21-039 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Express Waiver: I desire to expressly waive our claim of confidentiality of any information contained within our response to the competitive procurement process by completing the following and submitting this sheet with our response Raymondville ISD procurement process (e.g. RFP, CSP, Bid, , etc.). Name of company expressly waiving confidential status of material Printed Name and Signature of authorized company officer expressly waiving confidential status of material Address City State Zip Phone 23 INSURANCE REQUIREMENTS RFP #23-018 SPECIAL EDUCATION SERVICES This applies to Special Education Services provided by licensed or certified individuals, such as Consultants, Diagnosticians, Therapists, etc. A certificate of insurance providing professional liability is required at $1,000,000. 24 COMMITMENT TO PROVIDE CURRENT BUSINESS INSURANCE AFFIDAVIT RFP # 23-018 SPECIAL EDUCATION SERVICES If the above ten day requirement is not met, the Raymondville ISD Purchasing Department has the right to reject this proposal and award the contract to the next firm meeting all requirements. If you have any questions concerning these requirements, please contact the Buyer addressed in this procurement document, Purchasing Department at (956) 689-8175. Proposers Signature: Date: 25 Texas Education Code Chapter 22 Certification for Criminal History Check Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of ("Contractor"), I certify that [check one]: [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Company Name Printed Name of Company Representative Signature Date For additional information on how to comply with this statute, please contact the Raymondville ISD Purchasing Department, 956-689-8175, 419 FM 3168, Raymondville, Texas 78580. Notice to Vendors Conflict of Interest Disclosure Statements Texas Local Government Code, Chapter 176 Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor’s company and an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government Code, Chapter 176. Conflicts of interest exist if: 1. the person has employment or other business relationship with the local government officer or a family member resulting in the officer or family member receiving taxable income; or 2. the person has given the local government officer or family member one or more gifts (excluding food, lodging, transportation, and entertainment) that have an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District. Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and: 1. an officer of the District; 2. an officer of the District that results in the officer or family member receiving taxable income; 3. an officer of the District that results in the vendor receiving taxable income that does not come from the District; 4. a corporation or other business entity in which an officer of the District serves as an officer or director, or holds an ownership interest of 10% or more; 5. an employee or contractor of the District who makes recommendations to an officer of the District regarding the expenditure of money; 6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire; and 7. any person or entity that might cause a conflict of interest with the District. Forms must be filed: 1. No later than the seventh business day after the date that the person begins contract discussions or negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity. 2. The Vendor also shall file an updated questionnaire: a. not later than September 1 of each year in which a covered transaction is pending, and b. the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate. 3. A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year. If you are required to file, send the completed form to Raymondville Independent School District, Purchasing Department, 419 FM 3168, Raymondville, Texas 78580. Adopted 8/7/2015 FORM CIQ OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of vendor who has a business relationship with local governmental entity.1 2 3 Date Received Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. Signature of vendor doing business with the governmental entity Date 4 NOTIFICATION OF NO CONFLICT OF INTEREST RFP # 23-018 Raymondville ISD 419 FM 3168 Raymondville, TX 78580 If applicable, please sign and return this form to the attention of: David Longoria, CFO (at the above address) Raymondville ISD requires this notification to document the Proposer’s acknowledgement of requirements of Texas Government Code, Section 176.00 of the Texas Local Government Code for disclosure of Conflicts of Interest. Submission of this form is an affidavit that the Proposer submitting this form is stating that no conflict exists, as detailed in Texas Local Government Code Section 176.006 (a). This form is in addition to any other reporting requirement required under Texas state law and does not supplant any additional reporting requirements. ( ) ( ) Company (Print or Type) Phone Fax Signature Date Printed Name & Title of Signature THIS PAGE MUST BE RETURNED WITH THE RFP (If applicable) FAMILY CONFLICT OF INTEREST QUESTIONNAIRE RFP #23-018 This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services. The questionnaire(s) required by this policy shall be filed with the Senior Buyer not later than the seventh (7 th ) business day after the date that the individual or entity begins contracts discussions or negotiations with the District or submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts. Family or family relationship means a member of an individual’s immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings. For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services: Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee’s family) (please include name and sufficient information that will allow proper identification of any named individual): For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services: Identify each and every full-time District employee (and any member of the employee’s family) who serves as an officer or director of the entity, or holds an ownership interest of 10 per cent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual): If more space is required please attach a second page. If the answer to any question is none, or not applicable, please write “None” or “Not Applicable” in the space reserved for that answer. “I certify that the answers contained in this questionnaire are true and correct.” Individual: Date: Entity: By: Date:____________________ Signature:_________________________________ Title: Certified this day of , 20 , by Notary Public Notary Seal EDGAR CERTIFICATIONS Raymondville Independent School District TO WHOM IT MAY CONCERN: RAYMONDVILLE ISD is in the process of ensuring that all policies and procedures involving the expenditure of federal funds are compliant with the new Education Department General Administrative Guidelines (“EDGAR”). Part of this process involves ensuring that all current vendors agree to comply with EDGAR. You must complete this form and return to RAYMONDVILLE ISD along with your proposal. The following certifications and provisions are required and apply when RAYMONDVILLE ISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the District and the District’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when RAYMONDVILLE ISD expends federal funds, RAYMONDVILLE ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does Vendor agree? YES Initials of Authorized Representative of Vendor (B) ) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when RAYMONDVILLE ISD expends federal funds, RAYMONDVILLE ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. RAYMONDVILLE ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if RAYMONDVILLE ISD believes, in its sole discretion that it is in the best interest of RAYMONDVILLE ISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by RAYMONDVILLE ISD as of the termination date if the contract is terminated for convenience of RAYMONDVILLE ISD. Any award under this procurement process is not exclusive and RAYMONDVILLE ISD reserves the right to purchase goods and services from other vendors when it is in RAYMONDVILLE ISD’s best interest. Does Vendor agree? YES Initials of Authorized Representative of Vendor (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when RAYMONDVILLE ISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does Vendor agree to abide by the above? YES Initials of Authorized Representative of Vendor (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when RAYMONDVILLE ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions. Does Vendor agree? YES Initials of Authorized Representative of Vendor E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when RAYMONDVILLE ISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by RAYMONDVILLE ISD resulting from this procurement process. Does Vendor agree? YES Initials of Authorized Representative of Vendor (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by RAYMONDVILLE ISD, the vendor certifies that during the term of an award for all contracts by RAYMONDVILLE ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does Vendor agree? YES Initials of Authorized Representative of Vendor (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to Federal Rule (G) above, when federal funds are expended by RAYMONDVILLE ISD, the vendor certifies that during the term of an award for all contracts by RAYMONDVILLE ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does Vendor agree? YES Initials of Authorized Representative of Vendor (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rule (H) above, when federal funds are expended by RAYMONDVILLE ISD, the vendor certifies that during the term of an award for all contracts by RAYMONDVILLE ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Does Vendor agree? YES Initials of Authorized Representative of Vendor (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by RAYMONDVILLE ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by RAYMONDVILLE ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor agree? YES Initials of Authorized Representative of Vendor RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by RAYMONDVILLE ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does Vendor agree? YES Initials of Authorized Representative of CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When RAYMONDVILLE ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Vendor agree? YES Initials of Authorized Representative of Vendor ----------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------- Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Vendor’s Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Email Address: Signature of Authorized Representative: Date: Raymondville Independent School District ACKNOWLEDGEMENT FORM PLEASE MAKE SURE THAT YOU HAVE DONE THE FOLLOWING: 1. YOU MUST COMPLETE AND RETURN THE TWO (2) AFFIDAVITS ____YES ____NO AND FELONY CONVICTION NOTICE 2. YOU MUST INCLUDE INSURANCE WITH THE PROPOSAL (IF REQUIRED)! ____YES ____NO 3. YOU MUST INCLUDE ANY SAMPLES THAT ARE REQUIRED? ____YES ____NO 4. YOU MUST INCLUDE ANY STATE CERTIFICATE OR LICENSE WITH THE PROPOSAL (IF REQUIRED)? ____YES ____NO 5. YOU MUST VERIFY UNIT PRICE TO TOTAL PRICE? ____YES ____NO 6. YOU MUST INCLUDE A W-9 IRS FORM ____YES ____NO (DOWNLOADABLE AT www.raymondvilleisd.org) 7. IF YOUR COMPANY IS NOT BIDDING ON THIS BID/PROPOSAL, PLEASE STATE THE REASON. Deviations from specifications if any: I have read all of the specifications and general bid requirements and do hereby certify that all items submitted meet all specifications, conditions, and instructions of said bid. The signature below confirms that our company will enter into a binding contract with RAYMONDVILLE I.S.D. for item(s) awarded to our company. Company Name: Agent Name: Print Name: Authorized Signature: Address: City: ST: Zip Code: Telephone: Fax: E-mail: Federal Id#: and/or Social Security #: Address for Purchase Order: Address for Payment: Note: Please complete and submit this form with your bid or company will be disqualified Form W•9 (R ev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line ; do not !eave this line blank. (') (!) Cl C1:l Q. C 0 • en Q) C: a. 0 >-:.:. .... (.) 0 s :s � ,_ _ 0. (.) ;;::: 2 Bus iness name/d isregarded entity name , if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the following seven boxes. Ind iv idual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Umited l iability company Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►---- 4 Exemptions (codes apply only to certain entities, not ind iv iduals; see instructions on page 3): Exempt oayee code (if any) ___ _ Note: Check the appropriate box in the line above for the tax classification of the single-member owner . Do not check Exemption from FATCA reporting ;��t�e t ; 'l �L��h:t f���; i ��r:�=r� i ;ti�: e ;:�v:�i !:;u s �t:iir:�:� ����::s o ���;:�:, s a t :�n�:�� r e��:; C� :�at code (if any) is disregarded 'rom the owner should check the appropriate box for the tax classification of its owner . ·u Other (see instructions) ► iApp/ies to accounts maintained outside the US.j ! 1--S=A=a- d_ r _e _s _s -(n_u_·m-be_ r _, -s -tr -ee_ t _, -a-nd_a _p _t._o_r _s _u -it _e _n_o _.)_S_e _e _;_n -st-r -uc_t _io-n-,s - . _____________ __,,_R_e _q_u-,e -s -te-r -'s _n_a _m_ e___,,a _nd_a _d _d -re _s _s _(_op- t -io_n_a _l) _____ _ (!) (j)l-----------------------------------------1 6 City, state, and ZIP code 7 List account :1umber(s) 'lere (optional) Taxpayer Identification Number (TIN} Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later I Social security number DIJ -[I] -I I I I I or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I Employer identification number 177 I . I I -I I I 1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured prooerty, cancellation of debt, contributions to an Individual retirement c,ncin,,orno,�+ (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct See the instructions for Part II, !ater. Sign Here Signature of U.S. person ► General Instructions Section references are to the internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published. go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification m;mber (EIN), to report on an information return the amount paid to you. or other amount reportable en an information return. Examples of information returns include, but are net limited to, the following. • Form 1099-INT (interest earned or paid) Cat No. 1023,X Date► • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1 099-A (acquisition or abar:donment of secured property) Use Form W-9 only if you are a U.S person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W-9 (R ev 10-2018)