101525 Supplemental Rehab Staffing RFP.pdf

Livingston County

REQUEST FOR PROPOSALS

Consulting Program Management Services and Supplemental

Rehabilitation Staffing for the

Livingston County Center for Nursing and Rehabilitation and Garden of Life Adult Day Health Care Program

October 15, 2025

Office of the Livingston County Administrator

Livingston County Government Center

6 Court Street, Room 302

Geneseo, New York 14454

Proposals due November 13, 2025 by 11:00 AM

REQUEST FOR PROPOSALS

2025-44

(1) INTRODUCTION

Livingston County is soliciting proposals for supplemental rehabilitation staffing, intermittent consulting as needed, including Net Health Software access, to serve the Livingston County Center for Nursing and

Rehabilitation’s in-house Rehabilitation Program and Adult Day Health Care Program.

Interested Vendors must offer a proposal that will meet the scope of services, approach, qualifications, schedule, and general description of work activities identified in Section 2 of this Request for Proposals

(“RFP”). Working with existing in-house therapy staff, the County seeks to supplement therapy programming and improve documentation, efficiency, productivity, and revenue capture with the addition of services outlined herein.

The successful Vendor will provide requested physical, occupational, and speech therapy services to supplement existing in-house rehabilitative services provided to short-term (Part A) patients and long-term

(Part B) residents of the facility, as well as patients of the Adult Day Health Care Program and out-patient rehabilitation program.

Overview

The Livingston County Center for Nursing and Rehabilitation (“CNR”) is a 266-bed public, non-profit residential healthcare facility operated by Livingston County (the “County”) providing care for the aging and chronically ill requiring varying levels of service intensity.

The facility operates a 26-bed Transitional Care Unit dedicated to rehabilitative care. In addition, the remaining 240 chronic care beds include specialty care programs: 12-bed Bariatric Care dedicated to the care of morbidly obese persons with weights up to 650 pounds, 48-bed Memory Care for residents with

Alzheimer’s and related dementia, and two (2) separate Hospice/Respite suites.

The Garden of Life is a 20-slot medical model Adult Day Health Care Program housed at the CNR.

Medicare Part A rehabilitation comprises approximately 8.1% of the payor mix while Medicaid is approximately 70.0%. The current 2025 average Rehab PPS PDPM average is approximately $560.00/day.

The CNR’s occupancy has averaged approximately 94.78% for the last 12-months. Exhibit A provides additional CNR 2024 statistics

For the period January 1, 2024 through December 31, 2024, the CNR accommodated 601admissions and 600 discharges.

Current In-House Therapy Staffing/Hours per Week:

FTE’s Hours/Week

PT 2 40

PTA 3 40

OTR/L 1 40

COTA 3 40

SLP 1 40

Program Director/OTR/L 1 40

The Therapy Department operates Monday through Friday 6:00 AM to 4:30 PM, excluding Christmas Day and Thanksgiving Day.

If requested, the successful Vendor will provide the CNR with supplemental staffing for weekday, weekends, and holiday staffing needs, as warranted by caseload requirements.

(2) SCOPE OF WORK/SERVICES

The Consulting Program Manager (“CPM”) and supplemental licensed therapists/therapy assistants provided by the successful Vendor will assist the CNR in maintaining a rehabilitation service which:

• Meets highest quality standards.

• Achieves highest level of service recipient satisfaction.

• Maximizes revenue to the facility.

• Maximizes the facility’s Medicaid Case Mix Index (“CMI”).

• Coordinates services with Director of Rehabilitative Services.

• Works closely with the Director of Nursing, MDS Coordinators, and nursing staff.

• Provides timely initial assessments, ongoing screening, evaluations, and treatment programs to meet the needs of service recipients.

• Ensures that the services rendered are efficient and productivity is optimized.

• Participates in Medicare, Family and Care Planning meetings, as may be required.

Approach

A. Provide specificity regarding the activities the CPM would perform, if requested. Hours must be generally delineated between on-site activities and those conducted off-site in support of the program. Please describe in your Proposal the strategies and approaches you will offer to supplement our in-house rehabilitation program through the following:

• Program Evaluation.

• Clinical Program Development.

• Therapy Documentation and Billing.

• Clinical Outcomes Measurement and Management.

• Financial Outcomes Measurement and Management.

• Regulatory and Clinical Compliance.

• Staff training and Education (Therapy, Nursing and Fiscal).

B. Proposal should detail approaches to Therapy Caseload Management:

• Medicare A

i. Assist and Appeals Process for Managed Medicare A patients

ii. Patient-Driven Payment Model (“PDPM”) Management

iii. MDS Communication

iv. GG coding

• Medicare B

i. Utilization Tracking

ii. Monitoring Part B Therapy Caps

C. Proposal should detail the provision of Vendor Therapy Software capable of interfacing with the facility's software vendor, Reliable Health Systems, to include:

• Allow for all aspects of therapy documentation to be completed electronically across all disciplines including Initial Evaluation/Plan of Care, Progress Notes, updated Plans of Care, and Discharge Summaries.

• Should automatically set up forms to be in compliance with Medicare/Medicaid guidelines.

• Generate reports for MDS completion such as an Assessment Reference Date Report with therapy minutes and information for section GG pulled from the evaluation.

• Generate reports or alerts related to incomplete documentation.

• Automatically update with Medicare and Medicaid regulation changes.

• Create a billing file that can be uploaded to the facility's billing software.

Before services begin, the awarded Vendor shall be required to confer with the County’s representatives at the site and agree on a sequence of procedures, use of approaches, means of access to the premises, space for storage of Vendor materials, use of facilities, etc.

The successful Vendor and the County understand and agree that in a case where there is a question regarding the interpretation of the terms of the awarded contract and any plans or specification incorporated herein, the

County does expressly have the right to determine which will control, said decision to be in every case binding and final.

All Vendor personnel shall be fully acquainted with procedures for fire protection, prevention and reporting.

This includes participation in all fire drill activities conducted during the hours of Therapy Department operations and participation in related in-service activities.

The awarded Vendor must invoice for its Services within fifteen (15) working days following the close of the month. The County will make reasonable efforts to pay accurate and complete invoices within 60 days of receipt.

Working Schedule

Responding Vendors may propose a Master Staffing Plan to articulate the metrics they would use as the basis for forecasting and scheduling the hours to be worked each day for each Physical Therapist, Physical Therapy

Assistant, Occupational Therapist, Certified Occupational Therapy Assistant and Speech-Language

Pathologist position. To be cost efficient, the County prefers PTA or COTA assignment to be primary except where consideration must be given for supervision requirements on weekend, holiday or absence of an in-house Physical Therapist.

The initial staffing plan and all subsequent additions or deletions must have the prior approval of the County.

The successful Vendor must employ the assigned therapists and Consulting Program Manager without use of subcontractors. All assigned therapists must be licensed in New York State, and licenses must be provided and maintained current. The facility will retain the right to require non-performing therapists be removed.

Personnel shall be assigned to the CNR based upon caseload. The awarded Vendor’s staff must be able to flex work schedules to accommodate caseload fluctuations. The County makes no assurance of hours to be worked.

The successful Vendor shall be retained by the County as an independent contractor. All individuals providing services to the County under the contract on behalf of the Vendor shall be employees of the Vendor. Neither the Vendor nor its employees shall be considered employees of the County for any purpose. As such, Vendor has sole responsibility for providing its employees with all statutorily required benefits and benefit coverages, as well as discretionary benefits (if any), and complying with all other legal obligations relating to employees in New York State. Statutorily required benefits and coverages include, but are not limited to: New York State disability, New York State workers' compensation, New York State and Federal unemployment insurance, FICA withholdings and contributions, and health insurance coverage in accordance with the Federal

Affordable Care Act. Discretionary benefits include, but are not limited to: paid time off, vacations, holidays, health insurance (to the extent not required by the Affordable Care Act) and retirement benefits. Other legal obligations include, but are not limited to: minimum wage and overtime laws, non-discrimination laws, certification and licensure requirements, safety and health requirements, and labor and employment law notice requirements.

A. The awarded Vendor shall defend, indemnify and hold harmless the County for any and all claims related to breaches of these obligations and responsibilities, as well as any and all monetary liability (of whatever nature) to the County arising therefrom. The Vendor must also defend, indemnify and hold harmless the

County for any and all losses incurred by the County which result from dishonest, fraudulent, willful or negligent acts of the Vendor or its employees or agents.

The Vendor’s employees who provide services to the County will be under the jurisdiction of the Vendor's

CPM, who will have sole responsibility for all employment decisions relating to, and the direction of, Vendor’s employees during the time they provide services to the County.

B. The awarded Vendor must conduct employee training on hire and annually for the duration of the contract to ensure employees perform their jobs with the highest standards of service. Such training must be documented and reports made available to the County upon request.

C. The awarded Vendor must identify the dress code required, at its expense, for its employees. The Vendor is to submit a narrative description, photo or illustration.

D. The awarded Vendor must evidence that personnel assigned have a requisite physical examination, TB screening and evidence of MMR immunization or exposure, the cost of which is borne by the Vendor.

Minimum Vendor Requirements

Vendor’s proposal must address, in narrative form, ability to satisfy each of the following areas of responsibility:

• Demonstrated experience in providing professional rehabilitation and rehabilitation management services to long-term care facilities in New York State.

• Current knowledge/understanding of the PDPM System.

• Resumes stating the qualifications and experience for the Vendor's personnel must be submitted as part of the proposal. In lieu of resumes identifying specific individuals whom the

Vendor proposes for the above positions, resumes may be submitted stating the minimum education, background, work experience, etc., for the individuals the Vendor proposes to employ.

• An organizational chart and a list of key contacts with phone numbers and email addresses shall be submitted. The Vendor must designate a point of contact (“POC”) and necessary support staff assigned to effectively manage the contract. The POC should be accessible during regular business hours to respond to the CNR’s inquiries and concerns regarding the services described herein.

• Ability to offer training to CNR staff in systems and approaches to maintain a high functioning rehabilitation service.

• Vendor personnel will perform therapy evaluations, develop treatment plans, and document services rendered in a manner compliant with all applicable codes, rules and regulations.

• Vendor will provide monthly reports to the Director of Long-Term Care and Director of

Rehabilitative Services, as may be mutually agreed upon, but to include PDPM achieved, ADL distribution and Therapist productivity.

• The Vendor will render all services without discrimination on the basis of race, color, creed, age, national origin, sex, sexual orientation, disability, and religion, source of payer or marital status.

• The Vendor must have an operative Corporate Compliance Program. A copy of the Vendor’s

Corporate Compliance Program must be available upon request.

• The Vendor shall provide information regarding its accreditation, if any.

General Conditions

A. The awarded Vendor will be responsible for providing professional rehabilitative therapy services to comply with all applicable local, state and federal laws, rules, regulations and codes. Further, the Vendor will comply with all appropriate governing agencies' regulations.

B. The Vendor must have a Quality Assurance Program to monitor the performance of assigned personnel through periodic and ongoing internal auditing. The County may conduct periodic, unannounced audits to monitor quality and performance.

C. The successful Vendor must make payroll records available to the CNR for purposes of auditing and verifying service hours performed and billed.

D. The County will have the right to terminate the awarded contract if the building is deemed uninhabitable due to disaster or closure.

E. For the purpose of implementing Section 1861 (v) (I) of the Social Security Act, as amended, and the written regulations thereto, the parties agree to comply with the following statutory requirements governing the maintenance of documentation to verify the cost of services rendered under this contract:

a. Until the expiration of four (4) years after the furnishing of services pursuant to the awarded contract, the parties will make available upon request to the Comptroller General of the U.S., or any of their duly authorized representatives, the contract, and books, documents and records of the parties that are necessary to certify the nature and extent of such costs, and

b. If either party carries out any of the duties of the awarded contract through a subcontract, with a value or cost of $10,000.00 or more over a 12-month period, with a related organization (as that term is defined in 42 C.F.R. Section 405.427 (b)), such subcontract will contain a clause to the effect that until the expiration of four (4) years after the furnishing of such services pursuant to such subcontract, the related organization will make available, upon written request of the Comptroller General, or any of their duly authorized representatives, and the subcontract, and books, documents, and records of such organization that are necessary to verify the nature and extent of such costs.

c. The County agrees to keep Vendor data confidential unless data access and release is required under the Freedom of Information Act.

Utilities & Equipment

1. The County will furnish without charge, all electricity, gas, water, heat and light to the awarded Vendor for contract performance as in the judgment of the County are reasonably needed and necessary. The

Vendor agrees to comply with the Livingston County Computer Use Policy for activities performed on

CNR computers.

2. The County will furnish pursuant to these specifications all space, equipment and furnishings the successful Vendor requires for contract performance as in the sole judgment of the County are deemed to be reasonably needed and necessary.

3. The awarded Vendor agrees that its employees and agents will at all times use the County's equipment, furnishings, and paraphernalia in a good and proper manner and will at all times keep the same free from damages, in proper condition and in a state of cleanliness at all times to assure compliance with all codes, rules and regulations of the NYS Department of Health.

4. Repairs and replacements of equipment and other County-owned property that may be necessary due to the negligence of the selected Vendor, its employees or agents will be the sole responsibility and the sole expense of the Vendor.

5. Recommendations for additional equipment made in writing by the successful Vendor deemed to be necessary for the complete and efficient service specified and required hereunder will be considered for procurement with the County reserving solely to itself the final decision as to replacement or procurement of said equipment.

6. At no time will purchases be charged to or purchased in the name of the County.

7. The awarded Vendor may use its own equipment only upon its receipt of prior and specific written approval by the County in advance of equipment being brought into the facility.

8. In the event any Vendor-owned equipment or other articles are permitted to be brought into the facility, any risk or actual loss or damage thereto will be solely its responsibility and the Vendor agrees that it will assert no claims for liability on the part of the County. Further, the Vendor will be solely responsible for the maintenance of said equipment.

(3) REFERENCES/COMPANY INFORMATION

Responding Vendors shall provide a list of at least three (3) NYS Residential Health Care Facility (“RHCF”) clients that Livingston County can contact as references validating their skill, experience, and level of success.

For each reference include duration of contract, contact name, title, address, email address and phone number of the individual the County may consult. Also, identify all RHCF client contracts terminated or withdrawn in the last 12 months and the reason.

Regulatory Experience. Identify experience in complying with the NYS Department of Health, and all other

Federal, State and local regulatory standards of operation for rehabilitative services.

The County reserves the right to perform such investigations as may be deemed necessary to ensure that competent personnel and management will be utilized in the performance of the contract to be awarded under this RFP. A Vendor shall furnish to the County, within five (5) days of request, all such information and data for this purpose. The County reserves the right to reject any proposal if the information submitted by, or investigation of, the Vendor fails to satisfy the County that such Vendor is properly qualified to carry out the obligations set forth in this RFP and/or the resulting contract and to complete the work contemplated therein.

Conditional proposals will not be accepted.

(4) CONTRACT TERM

The contract for the services outlined herein shall be for an initial one (1) year term. At the end of the initial term, the County at its sole option may renew the contract for four (4) additional one (1) year periods.

Pricing shall be firm for the initial one (1) year term. The Vendor will be allowed a 2% increase in the contracted hourly rates effective upon the first renewal year and each subsequent renewal year the contract remains in effect.

Contract Approval Process: Responding Vendors must be aware that any contract resulting from this RFP is subject to prior approval by the Livingston County Administrator and the Livingston County Attorney.

(5) QUESTIONS

Questions regarding this RFP and the required services are to be sent to Ashley Scutt, Purchasing Director, via email at ashleyscutt@livingstoncountyny.gov, no later than 12:00 PM on November 3, 2025. Only written

Requests for Information (RFIs) will be accepted. The questions received and all answers will be sent to all in receipt of the RFP documents no later than 4:00 PM on November 5, 2025.

If necessary, an addendum to the proposal documents will be issued and all addenda so issued shall become part of the RFP documents.

(6) PROPOSAL SUBMISSIONS

Please submit all proposals, one (1) original (unbound) and three (3) copies, to:

Office of the Livingston County Administrator

Livingston County Government Center

6 Court Street, Room 302

Geneseo, New York 14454

Please mark in the lower left-hand corner of the envelope: “RFP – Consulting Program Management

Services & Supplemental Staffing - OT/PT”.

The attached Proposal Price Page must be completed, signed and returned with each proposal. Livingston

County Appendices A, B, C and I must also be signed and returned.

Attachments:

1. The Vendor shall complete, sign and submit with its proposal Attachment A:

mailto:ashleyscutt@livingstoncountyny.gov

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND RESPONSIBILITY.

2. The Vendor shall complete, sign and submit with its proposal Attachment B:

NON-COLLUSION BIDDING CERTIFICATE.

3. Livingston County Appendices A, B, C, and I must be signed and submitted with each proposal. Vendor must supply a copy of its current Certificate of Insurance showing insurance coverage at or above those limits required in Appendix C and shall include an Additional Insured Endorsement covering Livingston County.

Proposals will be received by the Office of the Livingston County Administrator until 11:00 AM on

November 13, 2025. All proposals submitted must have original signature and date.

The official time for the receipt of proposals will be the time shown on the time stamp located in the Board of

Supervisors/County Administration area, Room 302 on the third floor, Livingston County Government Center, 6 Court Street, Geneseo, New York 14454.

It is the sole responsibility of responding Vendors to ensure proposals are received in a timely fashion.

Unfortunately, the County is not able to accept proposals via email or fax.

Security procedures are in effect at the Livingston County Government Center. Responding Vendors who intend to hand deliver proposals and/or conduct business with Livingston County should allow sufficient time for any delay which may arise as a result of security procedures. Responding Vendors assume the risk of any delay in the mail or in the handling of the mail by County employees. Whether a proposal submission is sent by mail or by means of personal delivery, responding Vendors assume responsibility for having their proposals deposited on time at the place specified. To be considered “delivered on time,” a submission must be received by County Administration by the appointed day and time. All proposals received after the day and time stated will not be considered and will be returned unopened to the Vendor.

(7) SUBMISSION CONDITIONS

The proposal submitted by each individual Vendor is the document upon which Livingston County will make its initial judgment regarding the Vendor’s qualifications, understanding of the County’s scope of work, objectives, and methodology, and ability to perform services under the contract to be awarded pursuant to this

RFP.

Those submitting proposals do so entirely at their expense. There is no express or implied obligation by

Livingston County to reimburse any firm or individual for any costs incurred in preparing or submitting a proposal, preparing or submitting additional information requested by the County, or for participating in any selection interviews.

Submission of a proposal indicates acceptance of the conditions contained in this RFP.

Proposals will remain valid until the execution of a contract by Livingston County, unless otherwise rejected consistent with this RFP.

Oral, emailed, faxed, or telephoned submittals, or modification thereof, will not be accepted. Livingston

County reserves the right to waive any and all informalities and to disregard all nonconforming, non-responsive or conditional proposals. Livingston County reserves the right to reject any or all proposals.

Livingston County may, at any time by written notification to all responding Vendors, change any portion of the RFP described and detailed herein.

(8) GENERAL GUIDELINES

This section of the RFP provides general guidance for preparing proposals. The Vendor’s proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. Nonconformance with the instructions provided in this RFP may result in an unfavorable proposal evaluation.

The proposal shall be clear, concise and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the RFP requirements, but rather shall provide convincing rationale to address how the Vendor intends to meet these requirements. Responding Vendors shall assume that the County (1) has no prior knowledge of their facilities and experience, and (2) will base its evaluation on the information presented in each Vendor’s proposal.

All submitted proposals become the property of Livingston County.

Proposed Fee Schedule

Specify the fee basis for services covered by this proposal on the Proposal Price Page. If the Vendor charges a different rate for select holidays, specify the rate on the Proposal Price Page and indicate the holidays to which the rate would apply. The proposal must remain valid for a minimum of 90 days past the due date for receipt of proposals. Discounting for prompt payment will be considered.

Responding Vendors must provide the process for identification of and billing for any services that are not within the scope of their proposal.

Personnel

The awarded Vendor shall employ sufficient staff trained and experienced in the services being sought.

The Vendor’s employees are not to be accompanied to the CNR facility by acquaintances, family members, or any other person unless said person is an authorized Vendor employee.

The Vendor and its employees shall possess the ability, appearance, health, behavior, and physical condition that conform to the existing standards for professional educational services in the healthcare field.

The Vendor shall assume full responsibility for any and all damages or claims for any damages, for injury to persons, property, and equipment which might result from any services performed under the awarded contract.

The County may require the dismissal of any Vendor employee from the CNR’s premises who is ineffectual, careless, insubordinate, otherwise objectionable, or whose continued presence is contrary to consistent good relations with the nursing facility’s residents and/or staff. The County shall notify the Vendor verbally and follow-up with written notification.

Confidentiality

Any and all Health Insurance Portability and Accountability Act (HIPAA) confidentiality rules and regulations that apply to residents, registrants, and County personnel shall bind the Vendor and its employees accordingly.

(9) SELECTION CRITERIA

Evaluation Committee: Selected personnel from Livingston County will form the evaluation committee for this RFP. It will be the responsibility of this committee to evaluate all properly prepared and submitted proposals for this RFP and make a recommendation for award.

Evaluation and Selection Criteria: All properly prepared and submitted proposals shall be subject to evaluation deemed appropriate for the purpose of selecting the Vendor with whom a contract may be signed. Evaluation of the proposals will consider several factors, each of which has an impact on the relative success of the

Vendor to provide the services as outlined in Section 2 of this RFP. Responses to this RFP will be evaluated according to the following criteria:

Selection Criteria Total Possible

Points

Adherence to the Scope of Work per Proposal Submission/Software resources 35

Cost of Proposal 30

Vendor’s staff possess the proficient skillset, professional qualifications and experience in providing qualified services to meet the needs of this RFP.

Quality Assurance Program/Corporate Compliance 5

Total 100

Award will be made to the Vendor whose total proposal, in the opinion of Livingston County, best meets the criteria established herein. All aspects of evaluation will be taken into consideration in awarding the contract.

Reservation of Rights

The County reserves the right to refuse any and all proposals, in part or in their entirety. The County is not committed, by virtue of this RFP, to award a contract, or to procure or contract for services. The proposals submitted in response to this request become the property of the County. If it is in its best interest to do so, the County reserves the right to:

• Make selections based solely on the proposals or negotiate further with one or more responding

Vendors. The Vendor selected will be chosen on the basis of greatest benefit to the County as determined by the evaluation committee.

• Negotiate contracts with the selected Vendor(s).

(10) INTERVIEWS

If the evaluation committee determines necessary, interviews may be scheduled with selected Vendors as soon as possible after the initial evaluation. This will permit further evaluation and allow the evaluation committee to inquire further into the experience the Vendors have had on similar services provided, their willingness and ability to work closely with CNR staff and others, their understanding of the various aspects of the requirements, and their ability to maintain a schedule and complete the services on time and other matters deemed pertinent.

(11) ALTERNATE PROPOSALS

Livingston County reserves the right to consider alternatives submitted by Vendors that provide enhancements beyond the RFP requirements. Proposal alternatives may be considered if deemed to be in the best interest of

Livingston County. Vendors shall clearly identify and explain in detail where such alternatives deviate from specifications as issued.

(12) RESPONDER-COUNTY COOPERATION

In the event the successful Vendor, during the term of the contract, fails to meet the specifications of the contract or fails to perform its obligations under the contract in a manner satisfactory to the County, the County shall notify the successful Vendor in writing of the specific deficiencies. If the successful Vendor fails to correct the deficiencies within fifteen (15) days of receiving the notice of deficiencies, the County, at its sole option, may terminate the contract. Such deficiency notice shall be sent by certified mail to the successful

Vendor at the address identified by the Vendor for receiving official communications.

Either party may terminate the contract without cause upon sixty (60) days advance written notice to the other party.

The successful Vendor and the County understand and agree that in a case where there is a question and/or a violation of the interpretation of the terms of the contract and any plans or specifications incorporated therein, the County does expressly have the right to determine which will control, said decision to be in every case binding and final.

(13) INSURANCE

The successful Vendor shall, at its own expense, maintain in effect at all times during the performance of the services under the awarded contract, at least the insurance coverage specified in Appendix C.

(14) DISQUALIFICATION

The County reserves the right to refuse to issue an award to a Vendor that fails to comply with any pre-qualification regulations of the County, if any such regulations or requirements are cited, or otherwise included in this RFP.

Proposals received from Vendors who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A proposal may be rejected if the Vendor cannot show it has the necessary ability, resources and qualified employees to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A proposal may be rejected if the Vendor is already obligated for the performance of other work that would delay the commencement, performance, or completion of the work described in this

RFP.

(15) FREEDOM OF INFORMATION

The Vendor agrees to comply with the Freedom of Information Law (FOIL) and such rules and regulations as the County and the State may from time to time make, including, but not limited to, such rules as may be devised governing access to public documents pursuant to Article 6 of the Public Officers Law, popularly known as the Freedom of Information Law.

Proposals submitted in response to this RFP shall be considered public documents and, with limited exceptions, all proposals, including proposals that are recommended for award, will be available for inspection and copying by the public.

If a Vendor considers any portion of its proposal to be protected under the law, the Vendor shall clearly and distinctly identify each such portion with words such as "CONFIDENTIAL, “or “PROPRIETARY". If a request is made for disclosure of such portion, Livingston County will determine whether the material should be made available under the law. If the material is not exempt from public disclosure, Livingston County will notify the Vendor of the request and allow the Vendor five (5) days to take whatever action it deems necessary to protect its interests. If the Vendor fails or neglects to take such action within said period, the County will release portions of the proposal deemed subject to disclosure. By submitting a proposal, the Vendor assents to the procedure outlined in this paragraph and shall have no claim against the County on account of actions taken under such procedure.

(16) SUSPENSION AND DEBARMENT

By submitting a proposal in response to this RFP, each Vendor warrants that neither it nor any of its officers, employees, subcontractors, or agents is excluded or in any other manner barred from doing business with any federal, state, or local agency, municipality, or department. Any misrepresentation or false statement related to a Vendor’s status in this regard will result in rejection of such Vendor’s submission.

In addition, if the successful Vendor or any of its officers, employees, subcontractors, or agents become excluded or barred in any manner from doing business with any federal state, or local agency, municipality, or department, during the period in which services are provided pursuant to this RFP, the successful Vendor agrees to immediately notify the County Attorney of such status. Any misrepresentation or false statement related to the successful Vendor’s status in this regard, or any failure by the successful Vendor to immediately notify the County Attorney of any change in such status, shall result in immediate termination of the County’s business relationship with the successful Vendor in addition to such other remedies as may be provided by law, in equity, pursuant to the terms and conditions of this RFP document, or the conditions of the contract, if any, resulting from this RFP.

(17) IMPLIED REQUIREMENTS

Products and services which are not specifically requested in this RFP, but which are necessary to provide a complete program as described herein, shall be included in the submitted proposal.

(18) OTHER

All instructions, terms, and conditions contained in the specifications and the Proposal Price Page must be met in order to qualify for consideration of award. Any proposal which does not meet those conditions will be deemed non-responsive and rejected.

Omissions and/or deletions, will not be allowed. Responding Vendors must describe their plans and approaches in sufficient detail to permit the County to evaluate the proposal fairly and with minimum misinterpretation.

Submission of any proposal indicates acceptance of the terms and conditions contained in this RFP document.

The County hereby reserves the absolute right to reject any and all proposals received hereunder without prejudice to itself.

A completed Form W-9, Request for Taxpayer Identification Number and Certification must be submitted within five (5) days of award.

No taxes are to be billed to Livingston County. Proposals shall not include any federal, state, or local excise, sales, transportation, or other tax, unless federal or state law specifically levies such tax on purchases made by a political subdivision.

(19) SUBMISSION CHECKLIST

Vendors are encouraged to use the following checklist to ensure they are submitting a complete proposal.

One (1) (unbound) original and three (3) copies of the entire proposal must be submitted, including:

Company information meeting the requirements of Section 3.

Fully executed and signed Proposal Price Page.

Signed Attachments A and B, as well as Appendices A, B, C and I.

Insurance documentation meeting the requirements of Appendix C.

All other requirements referenced in this RFP.

Vendors who do not provide this information in their proposal may be eliminated from further evaluation.

PROPOSAL PRICE PAGE

Pricing to be firm for the initial one (1) year contract term, which may be renewed with a 2% rate escalation, at the County’s sole option, for four (4) additional one (1) year periods.

Hourly Rates: Standard Holiday*

Physical Therapist $__________________ $__________________

Physical Therapy Assistant $__________________ $__________________

Occupational Therapist $__________________ $__________________

COTA $__________________ $__________________

Speech-Language Pathologist $__________________ $__________________

Consulting Program Manager $__________________ $__________________

*Applicable Holiday(s):

Optional Discounting:

Early payment discount: _______% - for payments issued within thirty (30) days of the County’s receipt of a complete and accurate invoice.

THE UNDERSIGNED PROPOSES TO PROVIDE THE ITEMS AND SERVICES required as set forth in the referenced request for proposal. The successful Vendor hereby agrees to furnish the services in accordance with all terms, conditions and specifications contained within referenced proposal, at prices submitted in referenced proposal.

I certify that I am authorized to sign this proposal on behalf of myself or the company or firm I represent and to enter into a contract with Livingston County. This signed Proposal will become part of a binding contract after the Livingston County Board of Supervisors awards a contract to the successful Vendor. Original signature in ink is required. Facsimile or rubber stamp signatures will not be accepted.

Legal Name of Firm/Corporation. Authorized Signature

Address Type or Print Name

Title

Date Telephone/Email

EXHIBIT A

LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION

MEDICARE UTLIZATION

Total Bed Capacity: 266 Total 2024 Facility Occupancy Rate: 94.78%

Total resident/patient days for 2024: 92,278

Total Medicare Days 2024

Medicare Part B Healthcare Common Procedure Coding System (HCPCS):

(PT): 1,382

(OT): 1,188

(SP): 131

Total HCPCS: 2,701

The number of total admissions/readmissions and discharges for 2024 were:

Admits: 601 Discharges: 600

ATTACHMENT A

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, AND RESPONSIBILITY

The undersigned certifies, to the best of his/her knowledge and belief, that the Contractor and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

4. Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

Date: ______________ ______________________________

[Print Name of Contractor]

By: ________________________

[Signature]

[Print Name]

[Print Title/Office]

ATTACHMENT B

NON-COLLUSION BIDDING CERTIFICATE

By submission of this proposal, each Vendor and each person signing on behalf of any Vendor certifies, and in the case of a joint proposal, each party there to certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

l. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Vendor and will not knowingly be disclosed by the Vendor prior to opening, directly or indirectly, to any other Vendor or to any competitor; and

3. No attempt has been made or will be made by the Vendor to induce any other person, partnership or corporation to submit or not to submit, a proposal for the purpose of restricting competition.

In compliance with this invitation for proposals, and subject to the conditions thereof, the undersigned offers and agrees, if this proposal is accepted within (45) forty five days from the date of opening, to furnish any and all of the items upon which prices are submitted.

FIRM NAME ADDRESS

SIGNED BY TITLE

DATE TELEPHONE #

APPENDIX A

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter "the contract" or

"this contract") agree to be bound by the following clauses which are hereby made a part of the contract. The word

"Contractor" herein refers to any party to the contract, other than the County of Livingston (herein after "County").

I. NON-ASSIGNMENT CLAUSE. In accordance with Section 109 of the General Municipal Law, this contract may not be assigned by the contractor or its right, title or interest there in assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the County and any attempts to assign the contract without the County’s written consent are null and void.

II. WORKER'S COMPENSATION BENEFITS. In accordance with Section 108 of the General Municipal Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the

Workers' Compensation Law.

III. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of age, creed, race, color, sex, sexual orientation, national origin, marital or familial status, disability, military status, domestic violence victim status, criminal or arrest record, or predisposing genetic characteristics. Furthermore, in accordance with

Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New

York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in

Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of

$50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

IV. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statute, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

V. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 103-d of the General Municipal

Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the County a non-collusive bidding certification on Contractor's behalf.

VI. SET-OFF RIGHTS. The County shall have all of its common law and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold for the purposes of set-off any moneys due to the

Contractor under this contract up to any amounts due and owing to the County with regard to this contract.

VII. RECORD-KEEPING REQUIREMENT. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract for a period of six (6) years following final payment or the termination of this contract, whichever is later, and any extensions thereto.

The County Treasurer or County Administrator or any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to such books, records, documents, accounts and other evidential material during the contract term, extensions thereof and said six (6) year period thereafter for the purposes of inspection, auditing and copying. "Termination of this contract", as used in this clause

10, shall mean the later of completion of the work of the contract or the end date of the term stated in the contract.

VIII. MEDICAID/MEDICARE COMPLIANCE. If this contract involves the provision of services and/or materials, any portion of the cost of which will be billed to the Federal or New York State Medicare or Medicaid health care programs, the Contractor certifies that the Contractor, and all employees, directors, officers and subcontractors of the Contractor, are not “excluded individuals or entities” under Federal and/or New York State Medicare or Medicaid statutes, rules and regulations. The Contractor agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other website required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any of them are on or have been added to the exclusion list. The Contractor shall promptly notify the County if any employee, director, officer or subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list. Furthermore, the Contractor agrees to indemnify the

County for any damages or loss incurred by the County based upon the Contractors failure to comply with these conditions or based upon any false certification under this section.

IX. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

X. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the

Federal supremacy clause requires otherwise.

XI. SEXUAL HARASSMENT COMPLIANCE CERTIFICATION. The Contractor hereby certifies that its organization has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Said policy and training, at a minimum, meets the requirements of Section 201-g of the New York State Labor Law. By signing this Appendix, the Contractor certifies its organization is in full compliance with the mandates of the New York State Sexual

Harassment Compliance Law.

XII. NO ARBITRATION AND SERVICE OF PROCESS. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. All actions shall be venued in

Livingston County. Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

XIII. BUDGETED FUNDS. This contract is executory only to the extent of funds available and the County shall incur no liability beyond the funds…