Procurement Portal
Air Medical Transport Service
Post Information
- Posted At:
- Wed, Oct 16, 2024 10:30 AM
- Sealed Bid Process:
- Yes (Bids Unsealed / Pricing Unsealed)
- Private Bid:
- No
1. Introduction
It is important to note that this RFP does not obligate PCHD to award a contract, nor does it commit the department to reimburse any costs incurred by proposers in the preparation and submission of their proposals in response to this request. PCHD explicitly reserves the right to accept or reject any or all proposals that are received as a result of this solicitation, and it may choose not to award a contract at all.
Additionally, PCHD retains the authority to negotiate with any qualified bidder regarding the restructuring of specific design elements within the proposed system. Furthermore, PCHD maintains the option to cancel the RFP process in whole or in part if it determines that such action is in the best interests of the organization and the community it serves.
It is crucial to emphasize that this RFP should not be interpreted as a low-bid process. Instead, the contract, if awarded, will be negotiated with the bidder who demonstrates the greatest capability to address and fulfill the needs of the community as articulated within this RFP. The focus will be on quality and effectiveness rather than simply the lowest cost.
1.1. Summary
The Parker County Hospital District (PCHD) is actively seeking comprehensive proposals from qualified and experienced air medical transport service providers. Our goal is to secure a reliable partner capable of delivering both emergency and non-emergency air medical transport services that meet the highest standards of safety and efficiency.
This RFP outlines the specific requirements and selection criteria for identifying a service provider that aligns with our mission to ensure timely and effective medical assistance to our community. We are particularly interested in providers who can demonstrate a strong track record in offering advanced life support services in emergency situations.
In detail, bidders are expected to showcase their operational experience, highlighting previous engagements in similar contexts, and the outcomes achieved in terms of patient care and safety. Proposals should also include information about the qualifications of the medical staff, the condition and capabilities of the aircraft, and the protocols in place to ensure prompt response times and adherence to regulatory standards.
We emphasize the importance of having a provider that not only understands the intricacies of air medical transport but is also committed to ongoing training, quality assurance, and community engagement. Our selection process will prioritize service providers that exhibit excellence in these areas and can demonstrate their capacity to adapt to the unique challenges of air medical transport in our region.
We invite interested parties to submit their proposals in accordance with the guidelines outlined in this RFP, ensuring that all submissions are thorough and address each of the outlined criteria. Together, we can enhance the quality of emergency medical services available to the residents of Parker County and beyond.
1.2. Background
Parker County, located in North Central Texas, boasts a total area of approximately 910 square miles. Out of this, around 903 square miles consist of land, while the remaining 6.6 square miles are covered by various bodies of water. A significant geographical feature of the county is the Brazos River.
As of 2024, Parker County has a thriving population of 181,050 residents. Among them, a notable 36,251 individuals reside in the county seat, Weatherford.
Parker County is strategically positioned, bordered by several other counties that enhance its regional connections. To the north lies Wise County, while Tarrant County is located to the east. To the south, Hood County, and to the west, Palo Pinto County completes the borders. Additionally, small portions of Parker County also share borders with Johnson County to the southeast and Jack County to the northwest.
The Parker County Hospital District (PCHD) is dedicated to delivering high-quality emergency medical services not only to Parker County but also to the surrounding areas. The district prioritizes rapid response times and advanced medical care, ensuring that residents receive the best possible treatment in critical situations. In light of this commitment, PCHD is actively seeking to expand its services by adding air medical transport capabilities. This enhancement aims to significantly improve response times for critically ill and injured patients, particularly those in rural or hard-to-reach locations where access to immediate medical assistance can be challenging.
Implementing air medical transport would dramatically bolster PCHD's capacity to deliver timely care during emergencies. Conditions such as trauma, stroke, or cardiac events are situations where every minute is crucial, and having air transport available could mean the difference between life and death. By integrating air medical services into the existing emergency response framework, PCHD can better meet the growing demand for swift, life-saving interventions in critical scenarios. Currently, the yearly call volume for emergency services averages around 16,000, underscoring the essential role that effective medical response plays in the community. This initiative is not just about improving logistics; it’s about enhancing the quality of care and ensuring that every resident of Parker County receives the urgent medical attention they deserve when it matters most.
1.3. Contact Information
Proposers are prohibited from contacting other PCHD employees, officers, agents, officials or
representatives about substantive matters related to this RFP. Failure to adhere to this restriction may result in the disqualification of the proposer and the rejection of the proposer’s proposal.
tbrewer
725 State St
Weatherford, TX 76086-5777
Email: [email protected]
Phone: (817) 565-6261
Department:
EMS
Department Head:
Jim Backus
EMS Director
1.4. Timeline
Please note the Bid Submission Deadline time. Bids will not be accepted after this programmed time. For example: If the Bid Submission Deadline time is 10:00am the deadline is a hard cut-off. The system will not allow you to click "Submit" at 10:00:00:00:00 (and so on). A submission at 10:00:01 is late and will not be accepted. Also note the submission time is Local Texas time (Central Standard Time)
It is the vendors responsibility to ensure that all required documents are submitted and accepted by OpenGov. Once you have completely submitted your response you will receive a confirmation email from OpenGov.
2. Scope of Work
2.1. Emergency Medical Transport
Provide 24/7 emergency air transport services with certified pilots and aircraft capable of rapid response in critical and life-threatening situations. The primary focus will be on transporting critically ill or injured patients from the scene of an emergency to the appropriate medical facilities or between hospitals when the patient requires specialized care.
2.2. Public Relations and Community Awareness
The air transport provider will participate in scheduled public relations events, including community awareness programs, safety demonstrations, and outreach events to promote the air medical transport service. These events aim to increase public understanding of the role of air medical transport, demonstrate safety and operational readiness, and foster trust within the community.
2.3. Aircraft and Equipment
Maintain a helicopter equipped with all necessary navigational, communication, and safety equipment to ensure safe and efficient transport. The helicopter must comply with all relevant aviation safety and operational standards. In the event that the primary aircraft is unavailable for an extended period due to maintenance or other reasons, the provider must ensure access to a backup aircraft to avoid prolonged service disruptions
2.4. Staffing
The air medical provider must employ certified and highly experienced pilots and maintenance personnel. All pilots must meet or exceed industry standards for flight hours, ensuring they are fully qualified to operate air medical helicopters in emergency situations. The provider must also ensure continuous training and credential verification for all flight and maintenance staff.
2.5. Compliance and Regulations
The air medical provider must adhere to all FAA regulations, state aviation laws, and industry standards to ensure safe and reliable operations. Additionally, the prover should maintain accreditation from the Commission on Accreditation of Medical Transport Systems (CAMTS), which sets the highest standards of air medical transport services. This accreditation demonstrates the provider’s commitment to safety, quality, and excellence in air medical transport.
To be eligible for consideration, the vendor should have an established air medical program in the state of Texas and must not have had any fatal accidents in the past five (5) years.
2.6. Proposals should include the following:
1. Provide the name, address, and phone number for your company (brand being proposed).
2. When was your company established; how long have you been operating helicopters?
3. Have you operated air medical helicopters in the state of Texas for at least 20 years?
4. Describe your organization’s safety program.
5. Describe the air medical program structure you are proposing to operate within Parker County.
6. Describe your membership program, including county-wide coverage.
7. Please in detail describe your pricing terms, variable fees, profit share, and additional startup costs. Please also include a table of Net Revenue Per Transport (NRPT) with any pricing variations you may offer with number of annual transports ranging from 150-700.
8. Provide up to two references.
3. Evaluation Phases
The final recommendation will be based on the most advantageous overall package as determined by the district.
1. Experience and Track Record
Proven ability to deliver high-quality air medical transport services.
2. Safety and Compliance
Adherence to safety standards and regulatory requirements.
3. Cost
Fairness and transparency of pricing.
4. Technical Capabilites
Adequacy of equipment and medical capabilities.
5. Customer Service
Quality of support and communication.
6. References
Feedback from previous clients.
4. Vendor Questionnaire
Please submit all downloaded forms in PDF format
Our firm understands that we are not to embed any documents, links, or reference content in another location within the questionnaire, as they will not be accessible or evaluated.
When a document is required to be uploaded, it should be in pdf format and unlocked.
Explanatory Note: The purpose of this question is to confirm the Bidder’s or Offeror’s acknowledgement and acceptance of the terms and conditions of the Solicitation, subject to any exceptions or modifications to terms or conditions that are expressly requested or that have been requested and approved prior to submission of the Offer. All exceptions or modifications to the Solicitation, regardless of whether Organization Name (also referred to as the District) approved such items prior to submission of the Offer, must be clearly set forth in this question.
The Offeror, acknowledges and accepts all terms and conditions of the Solicitation, except as expressly noted below or in the additional pages attached hereto. As used in this question, “terms and conditions of Solicitation” means all terms, conditions, specifications, certifications and warranties set forth in the documents that comprise the Solicitation, including the Uniform Instructions for Offers, Special Rules for Offers (if any), General Terms and Conditions of Contract, Special Requirements of Solicitation (if any), Specifications/Scope of Work, and Solicitation Addendums (if any).
Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with Parker County Hospital District, including affiliations and business and financial relationships such persons may have with Parker County Hospital District officers.
By doing business or seeking to do business with PCHD, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and that you are solely responsible for complying with them.
This document may be found in the "Attachments" section.
The Offeror, by the undersigned representative, requests that the specific information, described below and identified on the page or pages of the Offer in which it appears, be treated as confidential information and protected from disclosure to the public.
1. Description of specific information that is the subject of the request.
2. The reason or reasons why the information should be treated as confidential.
Enter N/A if this does not apply
You the Vendor do confirm that your persons, corporation, or company who makes the accompanying Proposal, having first been duly sworn, deposes and says:
That such Proposal is genuine and not sham or collusive, nor made in the interest of, or behalf of, any persons not herein named, and that the Offeror has not directly or indirectly induced or solicited any other Offeror to put in a sham proposal, or any other person, firm or corporation to refrain from offering, and that the Offeror has not in any manner sought by collusion to secure for itself an advantage over any other Offeror.
Please complete a CIQ form and upload here with your response. This form can found in the "Attachments" section.
Please upload your complete W-9 HERE. This form can be found in the "Attachments" section.
Please upload your complete COI HERE
Please Upload your RFP Response HERE.
These questions will be utilized to confirm information you provide
Please enter your company's Legal Name and/or dba Name:
In 2015, the Texas Legislature adopted House Bill 1295, which added Section 2252.908 of the Government Code. The law states that a government entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the government entity. The disclosure of interested parties will be submitted online via Form 1295 through the Texas Ethics Commission website and must be submitted to the governmental entity prior to any signed contract and/or vote by the governing authority.
Business Entity must complete Form 1295 in electronic format on the Texas Ethics Commission website:
Upon receipt of a completed Interested Parties Disclosure Form, Texas Ethics Commission issues a Certification of Filing to the Business Entity and the Business Entity download and print the Form 1295. An authorized agent of the business entity will need to sign the printed copy of the form.
At the time of submission of the solicitation to the District, the Business Entity must submit the completed Form 1295 with the Certification of Filing with their Proposal/Proposal (i.e.: Proposal, RFP, RFQ, ITB, etc.) to the District.
You will have to upload the completed form 1295 here as well as upload it to the state website listed in the documents referenced section.
5. Attachments
Please be careful with the naming format of your files. We can only open .pdf, .docx, .xlsx, .jpg. If you are using an Apple product please make sure you do not send ".pages", we cannot open it. Also make sure you avoid symbols as it can cause the file to corrupt when downloading. Please test the files you upload to make sure they download properly, well in advance of the due date and time.
6. Documents Referenced
These documents can also be found in the "Attachments" section
DOCUMENTS REFERENCED:
You may access a copy of the documents referenced within this proposal at the following web addresses:
An explanation of the requirements of Chapter 176 is located at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm.
I.R.S W-9 Form (Request for Taxpayer I.D. Number) is available at: www.irs.gov/pub/irs-pdf/fw9.pdf.
A list of PCHD officials is located at www.pchdtx.gov
The Conflict of Interest Questionnaire (CIQ) form can be obtained at https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm
Complete a CIQ form and submit with your response
Form 1295
7. Uniform Instructions to Offerors
7.1. Definition of Terms
As used in these instructions, the terms listed below are defined as follows:
- “Attachment” means any item the Solicitation requires a Bidder or Offeror to submit as part of the Offer.
- “Award” means a determination by District that it is entering into a contract with one or more Bidders or Offerors.
- “Bid” means a response to an invitation for bids and includes an offer to contract with District.
- “Bidder” means a person submitting a Bid in response to an invitation for bids.
- "Contract" means a legally binding contractual agreement, regardless of what it may be called, for the purchase of materials, services, construction or construction services, or the disposal of materials by District. “Contract” includes the combination of the Solicitation, including the Uniform and Special Instructions, the General and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Addendums or Contract Amendments; and any terms applied by law. A Contract does not include a contract or agreement prepared and requested by Contractor unless it contains a provision that expressly states that it will be deemed part of the Contract, identifies what provisions of the Contract, if any, are superseded by the Contract or agreement, and is signed by the District Representative.
- “Contract Amendment” means a written document that is authorized by the District Representative and issued by District for the purpose of making changes to the Contract.
- “Contractor” means any person who has a contract with District. An Offeror or Bidder who has been awarded a Contract by District is a Contractor of District.
- “Days” means calendar days unless otherwise specified, and time measured in days in which an act is required to be done.
- “District” means Parker County Hospital District.
- “District Representative” means Tyler Brewer, Purchasing Manager
- “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.
- “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value present or promised, unless consideration of substantially equal or greater value is received.
- “Offer” means Bid, Proposal, or quotation.
- “Offer Deadline” means the exact date and time when no Offer submitted thereafter may be considered or accepted by District.
- “Offeror” means a person submitting a Proposal in response to a request for proposals.
- “Proposal” means a response to a request for proposals and includes an Offer to contract with District.
- “Purchase Order” means a document issued by District, in writing or electronically, and identified as a Purchase Order that authorizes Contractor to proceed with fulfillment of all or part of an awarded Contract by delivery of materials or services in quantities and at times and locations specified in the Purchase Order.
- "Responsible Bidder or Offeror" means a person who at the time of Contract Award has the capability to perform the Contract requirements and the integrity and reliability which will assure good faith performance.
- “Responsive Bidder or Offeror" means a person who submits an Offer that reasonably and substantially conforms to all material requirements of the Solicitation.
- "Solicitation" means an invitation for bids, an invitation to submit technical offers, a request for proposals, a request for qualification, or any other invitation or request by which District invites a person to participate in a procurement. A Solicitation includes, in addition to the Invitation for Bid or Request for Proposal, the Uniform Instructions for Offers, General Terms and Conditions for Contract, Special Terms and Conditions for Contract, Statement of Scope of Work/Specifications, Solicitation Addendums, and Solicitation Exhibits and Attachments.
- “Solicitation Addendum” means a written document that is authorized by the District Representative and issued by District for the purpose of making changes, clarifications, or additions to the Solicitation.
- “The Solicitation Contact Person” for the Solicitation is the procurement specialist supervisor designated on the first page of the Solicitation.
- “Subcontract” means any Contract, express or implied, between Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishings of any material or any service required for the performance of the Contract.
7.2. Pre-Offer Inquiries
- Duty to Examine. It is the responsibility of the Bidder or Offeror to examine the entire Solicitation, seek clarification in writing, and check its Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be grounds for withdrawing the Offer after the Offer Deadline.
- Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Solicitation Contact Person. The Bidder or Offeror shall not contact or direct inquiries concerning the Solicitation to any other employee unless the Solicitation specifically identifies a person other than the Solicitation Contact Person as a contact.
- Submission of Inquiries. The Solicitation Contact Person may require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriate Solicitation number, page, and paragraph.
- Requests for Exceptions. A Bidder or Offeror may submit to the Solicitation Contact Person a written request for an unsubstantial, nonmaterial exception or deviation to a specific term, condition, or other provision in the Solicitation. Requests for an exception must identify the specific condition, term, or other provision to be excepted or modified and clearly state any proposed substitutions or modifications thereto.
- A requested exception that substantially or materially alters a term, condition, or other provision shall be rejected. The District Representative or designee shall determine, in his or her sole discretion, whether an exception is substantial or material and advise the Bidder or Offeror of the decision. Submission of the Bidder’s or Offeror’s preprinted contract in place of the General or Special Terms and Conditions of a Solicitation shall be rejected.
- A request for exceptions must be submitted with your response.
- A request for exceptions shall not be accepted, in whole or in part, unless accepted in writing by the Solicitation Contact Person or District Representative.
- Timeliness. Any inquiry shall be submitted as soon as possible and no later than the Friday, November 1, 2024 at 4:00 pm. Failure to do so may result in the inquiry not being answered.
- No Reliance on Verbal Responses. Any inquiry that results in changes to the Solicitation shall be answered solely through a written Solicitation Addendum. A Bidder or Offeror may not rely on verbal responses from the Solicitation Contact Person to inquiries.
- Pre-Offer Conference. If a pre-Offer conference has been scheduled under the Solicitation, the date, time, and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder or Offeror should raise any questions it may have about the Solicitation at the conference and in the question and answer tab of the project.
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation Contact Person. Requests should be made as early as possible to allow time to arrange for the accommodation.
Verbal responses to questions raised at the conference shall not amend the Solicitation. If an issue is raised at the conference that results in a decision by District to amend the Solicitation, the Solicitation may be amended only by issuance of a written Solicitation Addendum. A Bidder or Offeror may not rely on any verbal responses to questions at the conference.
7.3. Offer Preparation
- Forms: No Facsimile or Physical Mail (USPS, FEDEX, UPS, etc ) Offers. An Electronic Offer shall be submitted either on the forms provided in the Solicitation or their substantial equivalent. Any substitute document for the forms provided in the Solicitation must be legible and contain the same information requested on the form. A facsimile, physical mail, or mailgram offer shall be rejected.
- Typed or Ink; Corrections. The Offer must be typed or in ink. Erasures, interlineations, or other modifications in the Offer must be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise provided under applicable law.
- Subcontractors. A Bidder or Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer.
- Cost of Offer Preparation. District will not reimburse a Bidder or Offeror for the cost of responding to a Solicitation.
- Solicitation Addendum. Unless otherwise stated in the Solicitation, each Solicitation Addendum shall be acknowledged electronically by the person acknowledging the Offer, and shall be submitted no later than the Offer Deadline. Failure to acknowledge a Solicitation Addendum will result in non submission of Offer.
7.4. Additional Offer Information
- Late Offers. An Offer submitted after the Offer Deadline shall not be accepted..
- Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.
- Confirmation. District may contact the Bidder or Offeror to confirm its understanding of the Offer. Such contact shall occur after the Offer Deadline and prior to award. District shall seek written confirmation from the Bidder or Offeror and shall retain the request and confirmation, if obtained, in the procurement file.
7.5. Award
- Basis of Award. An Award will be made to the Responsible Bidder or Offeror whose Offer is determined to be:
- For an invitation for Bid, the lowest responsible and responsive Bid or Bids that conform in all material respects to the requirements of the Solicitation and evaluation factors, if any, set forth the Special Requirements of Solicitation.
If a Bidder is awarded a Contract and is unable to meet its contractual obligations, District may cancel the Contract and award a Contract to the next lowest ranked Bidder if this determination occurs within a reasonable time period after the original Contract Award. - For a request for proposal, the Proposal or Proposals that are determined in writing to be the most advantageous to District based on the requirements of the Solicitation and evaluation factors set forth in the Special Requirements of Solicitation.
District will evaluate and determine which Proposals are acceptable and unacceptable for further consideration. If determined to be in the best interest of District, District may request interviews with the Offerors determined to be most likely to meet the requirements to discuss cost and/or other portions of the Proposal.
No requirement or factor may be used in the evaluation of offers that is not set forth in the Solicitation. The amount of any applicable transaction privilege or use tax of a political subdivision of the State shall not be a factor in determining the lowest Bid or most advantageous Proposal.
- Multiple Awards. District may award multiple contracts from the Solicitation. The decision to award a single contract, award multiple contracts, or make no award rests solely with District. A multiple Award shall be made only if the District Representative determines in writing, prior to making an award that a multiple Award is necessary and is advantageous to District.
In determining whether to award multiple contracts, District will assess whether multiple vendors are necessary and advantageous to ensure the availability of goods or services that fully conform to District’s requirements at the time, place and manner needed by District. If District determines that multiple contracts are necessary and advantageous, District will determine the least number of Contractors that are needed and award Contracts to, if an invitation to bid, the Bidders who submitted the lowest responsible and responsive Bids; and, if a request for proposal, the Offerors who submitted the most advantageous Proposals to District. - Formation of Contract. A response to the Solicitation is an offer to contract with District based upon the terms, conditions, scope of work/services, and specifications contained in the Solicitation. An Offer does not become a contract unless and until District accepts it. A contract is formed when the District Representative signs the Award document on behalf of District. No work may commence or products be delivered until District has issued a Purchase Order to Contractor.
8. General Terms and Conditions
All Contracts awarded by District are subject to the following terms and conditions. All defined terms in the Uniform Instructions for Offers shall have the same meanings when used in this General Terms and Conditions of Contract. Provisions of this General Terms and Conditions of Contract may be superseded by the Special Requirements of Solicitation, if any, of this Solicitation.
8.1. CANCELLATION
- Cancellation for Bankruptcy or Acquisition. District reserves the right to cancel, or suspend the use of, any Contract if Contractor files for bankruptcy protection, or is acquired by an independent third party.
- Cancellation for Convenience. District reserves the right to immediately cancel the Contract without penalty or recourse, in whole or in part, when District determines cancellation to be in its best interests. Contractor shall be entitled to receive just and equitable compensation in accordance with applicable Contract pricing for authorized work in progress, authorized work completed, and materials accepted before the effective date of the cancellation.
- Cancellation for Non-performance or Contractor Deficiency. District reserves the right to cancel the whole or any part of the Contract due to failure by Contractor to carry out any obligation, term, or condition of the Contract. District may issue a written deficiency notice to Contractor for any of the following:
- Failing to comply with the accepted terms and conditions of the Contract;
- Providing material that does not meet the specifications of the Contract;
- Providing work and/or material that was not awarded under the Contract;
- Failing to adequately perform the services set forth in the scope of work/services and specifications;
- Failing to complete required work or furnish required materials within a reasonable amount of time;
- Failing to make progress in performance of the Contract and/or giving District reason to believe that Contractor will not or cannot perform the requirements of the Contract;
- Performing work or providing services under the Contract prior to receiving a District-reviewed purchase order for such work.
- Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to District to adequately address all issues of concern. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation, all goods, materials, and work paid for by District, along with documents, data, and reports prepared by Contractor under the Contract shall become the property of District.
- Cancellation for Replacement. District reserves the right to cancel the Contract awarded under a Solicitation and replace it with a newer Contract awarded to the same Contractor for similar goods and services. District may, at its option, replace the Contract awarded from the Solicitation or delay a new Award until the existing Contract expires. The decision to replace the Contract rests solely with District.
- Continuation of Performance. Contractor shall continue to perform in accordance with the requirements of the Contract, up to the date of cancellation and as directed in the cancellation notice.
- Cancellation for Improper Conduct. District may cancel the Contract if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any employee or official of District with a view toward securing a contract or with respect to the performance of this Contract. Paying the expenses of normal business meals shall be in accordance with District’s policy regarding gratuities. Samples of software, equipment, or hardware provided to District for demonstration or evaluation are not considered gratuities.
- Cancellation by Contractor. Unless otherwise provided in the Special Requirements of Solicitation, if any, Contractor may cancel the Contract by delivery of prior written notice during the 60-day period prior to an annual contract renewal. Termination shall have no effect on projects in progress at the time that a notice of cancellation is received by District.
8.2. CONTRACT ADMINISTRATION
- Records and Audit. Contractor shall retain and, by contract, shall require each subcontractor to retain all books, accounts, reports, files, and other records, whether in written or electronic form, relating to the acquisition and performance of the Contract (the “Records”) for a period of five years after the completion of the Contract. At any time during the term of this Contract and five (5) years thereafter, the Records shall be subject to inspection and audit by District at reasonable times. Upon request, Contractor shall produce a legible copy of any or all such Records.
- Compliance with Prior Certifications. Upon Award of a Contract, Contractor shall continue to fully comply with all certifications provided to District in the Uniform Rules for Offer of the Solicitation.
- Inspection and Testing. Contractor agrees to permit access to its facilities, subcontractor facilities, and Contractor’s processes for producing the materials at a reasonable time for inspection of the materials and services covered under the Contract. District shall also have the right to test at its own cost the materials to be supplied under the Contract. Inspection at Contractor’s facilities or testing shall not constitute final acceptance of the materials. If District determines non-compliance of the materials, Contractor shall be responsible for the payment of all costs incurred by District for testing and inspection.
- Notices. Notices to Contractor required by the Contract shall be made by District to the person indicated on the Offer and Acceptance form submitted by Contractor. Notices to District required by the Contract shall be made by Contractor to Solicitation Contact Person indicated on the Solicitation cover sheet. The Solicitation Contact Person and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice, and an Amendment to the Contract shall not be necessary.
- Property of District. Any materials, including reports, computer programs, and other deliverables, created under the Contract shall be the sole property of District. Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Contractor shall not use or release these materials without the prior written consent of District.
- Advertising. Contractor shall not advertise or publish information for commercial benefit concerning the Contract or its working relationship with District without prior written approval of the District Representative.
8.3. CONTRACT AMENDMENTS
- Amendments. The Contract is issued under the authority of the District Representative. The Contract may be modified only through a Contract Amendment within the scope of the Contract. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by Contractor are violations of the Contract. Such changes, including unauthorized written Contract Amendments, shall be void and without effect.
- Subcontracts. Contractor shall not enter into any Subcontract under the Contract without the advance written approval of the Solicitation Contact Person. The Subcontract shall require the subcontractor to comply with the terms and conditions of the Contract.
- Assignment and Delegation. Contractor shall not assign any right nor delegate any duty under the Contract without the prior written approval of the District Representative.
8.4. LICENSES
Contractor shall maintain in current status all federal, state, and local licenses, bonds, and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. District reserves the right to stop work and/or cancel the contract of any Contractor whose license(s) expire, lapse, are suspended, or are terminated.
8.5. RISK AND LIABILITY
- Risk of Loss. Contractor shall bear all loss of conforming material covered under the Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt of goods or services does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with Contractor regardless of receipt.
- General Indemnification. Contractor shall indemnify, defend, save, and hold harmless District and its Governing Board members, employees, and agents (hereinafter referred to collectively as “District”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to collectively as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees, or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that District shall, in all instances except for Claims arising solely from the negligent or willful acts or omissions of District, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the Award of the Contract, Contractor agrees to waive all rights of subrogation against District for losses arising from the work performed by Contractor for District.
- Indemnification – Patent and Copyright. To the extent permitted by law, Contractor shall defend, indemnify, and hold harmless District against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of Contract performance or use by District of materials furnished or work performed under the Contract. District shall reasonably notify Contractor of any claim for which it may be liable under this paragraph.
- Third Party Antitrust Violations. Contractor assigns to District any claim for overcharges resulting from antitrust violation to the extent that those violations concern materials or services supplied by third parties to Contractor toward fulfillment of the Contract.
8.6. TERM OF CONTRACT AND EXTENSIONS
PCHD’s intent is to select a single entity to carry out the specified scope of work. After a thorough review of all submitted proposals, the top-ranked proposer will be invited to engage in direct contract negotiations with PCHD. The goal of these negotiations will be to reach a mutually agreeable contract that satisfies the needs and expectations of both parties.
In the event that an agreement cannot be reached with the top proposer, PCHD retains the option to initiate successive negotiations with the second and/or third ranked proposers, at its discretion. This approach ensures that PCHD can secure a suitable partnership while maintaining flexibility in the negotiation process. The selection and negotiation process is designed to be both efficient and transparent, ultimately leading to a successful collaboration that fulfills the project’s objectives.
- The term of the agreement is to be for a period of no less than five (5) years, with options for PCHD to extend the agreement on the same terms and conditions.