STATE OF NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT

YOLANDA BERUMEN-DEINES, CABINET SECRETARY REQUEST FOR PROPOSALS

RFP SOLICITATION #: 7170

New Mexico PreK (Pre-Kindergarten) Program FY 12

Issuance Date: Proposal Due Date:

April 18, 2011 May 18, 2011

TABLE OF CONTENTS Title or Description Page

Vision and Mission Statement.............................................................................................5 PART I INTRODUCTION A. Purpose of this Request for Proposals......................................................................6 B. Eligibility and Special Conditions............................................................................6 C. Summary Scope of Work/Assurances......................................................................7 D. Scope of Procurement............................................................................................10 E. Program Manager...................................................................................................10 F. Mandatory Letter of Interest................................................................11 G. Background Information......................................................................11 H. Eligible Applicants ..............................................................................11 I. Contract Period.....................................................................................11 PART II CONDITIONS GOVERNING THE PROCUREMENT A. Sequence of Events.................................................................................................12 B. Explanation of Events.............................................................................................12 1. Issuance of RFP..........................................................................................12 2. Pre-Proposal Conference............................................................................12 3. Mandatory Letter of Interest.......................................................................12 4. Questions Regarding RFP...........................................................................13 5. Response to Written Questions/RFP Amendment......................................13 6. Proposal Due Date and Submission...........................................................13 7. Proposal Evaluation...................................................................................14 8. Funding Recommendations.......................................................................14 9. Intent to Award Notification......................................................................14 10. Contract Negotiations and Processing........................................................14 11. Contract Effective Date..............................................................................14 12. Protest Deadline.........................................................................................14 PART III GENERAL REQUIREMENTS A. Acceptance of Conditions Governing the Procurement..........................................16 B. Incurring Cost.........................................................................................................16 C. Prime Contractor Responsibility.............................................................................16 D. Subcontractors........................................................................................................16 E. Amended Proposals................................................................................................16 F. Applicants Right to Withdraw Proposal................................................................16 G. Disclosure of Proposal Contents.............................................................................16 H. Proposal/RFP Conflict............................................................................................17 I. RFP Cancellation....................................................................................................17 J. Appropriation Contingency....................................................................................17 K. Legal Review..........................................................................................................17 L. Governing Law.......................................................................................................17 M. Basis for Proposal ..................................................................................................17 N. Contract Terms and Conditions..............................................................................17
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O. P. Q. R. S. T. U.

Applicant Qualifications.........................................................................................18 Right to Waive Minor Irregularities.......................................................................18 Procurement Code..................................................................................................18 Acknowledgement of Amendments........................................................................18 Records Retention..................................................................................................18 Reimbursement.......................................................................................................18 Health Insurance Portability and Accountability Regulations.................................18

PART IV RESPONSE FORMAT AND ORGANIZATION A. Number of Responses............................................................................................20 B. Number of Copies..................................................................................................20 C. Proposal Format.....................................................................................................20 D. Forms 20 PART V SPECIFICATIONS A. Information............................................................................................................22 B. Program Services Narrative...................................................................................22 1. Statement of Need .....................................................................................22 2. Organizational Capacity and Plan of Operation .........................................23 3.Budget 25 C. Transportation......................................................................................................26 1.Statement of Demonstrated Need....................................................................26 2.Maximizing Capacity......................................................................................26 3. Budget........................................................................................................26 PART VI EVALUATION.............................................................................................27 FORMS........................................................................................................................28-52 A. Cover Application Form B. Table of Contents C. Assurances for Community Programs D. Project Abstract E. Demographic and Target Community Information (E 1.2.3.) F. Line Item Budget and Budget Instructions for Community Programs G. Budget Narrative and Budget Narrative Instructions (G 1.2) H. Additional Revenue Sources and Cost Allocation (H.1Supplemental, H.2 Expand/Extend) I. Board of Directors Roster J. Staff Qualifications & Personnel Costs Summary and Instructions K. Campaign Contributions Disclosure Form APPENDICES...........................................................................................................53-108 New Mexico FY11 PreK Priority Table (Elementary Schools 2011-2012) NM Early Learning Outcomes Report Form 2010 with Essential Indicators and Rubrics NM PreK Lesson Plan Form New Mexico PreK Program Standards Sample Contract / Administrative Fiscal Standards

SUPPLEMENTAL DOCUMENTS AVAILABLE SEPARATELY FROM THIS RFP on www.newmexicoprek.org under Prek Materials: New Mexico Early Learning Guidelines Draft New Mexico PreK Curriculum Policy Brief

VISION AND MISSION STATEMENT Vision The Children, Youth and Families Department (CYFD) partners with communities to strengthen families in New Mexico to be productive and self-sufficient. Mission CYFD believes in the strengths and resiliency of families who are our partners and for whom we advocate to enhance their safety and well-being. We respectfully serve and support children and families, and supervise youth, all in a responsive community based system of care that is clientcentered, family focused and culturally competent. Principles CYFD believes that children and families should receive: Services that promote and build individual and family strengths; Early identification and intervention services to address problems as they emerge; Access to a comprehensive array of services that are individualized, community-based and, whenever possible, provided in-home, to meet the unique needs and potential of each child and family; Full participation and choice in all aspects in the planning and delivery of services; Services that are provided in the least restrictive setting and most normative environment; are integrated and linked, both within CYFD and with other child serving agencies; and which use peers, family and natural supports; Culturally competent services delivered without regard to race, ethnicity, religion, national origin, gender or disability; The most effective services that are based on evidence or promising or emerging practices, to achieve positive outcomes; and Services that insure smooth transitions to adult service systems.

PART I INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS (RFP)

CYFD is requesting proposals to provide voluntary Pre-Kindergarten (PreK) programs in the 2011-2012 school year for children age four. The purpose of New Mexico (NM) PreK is to: 1) Increase statewide access to voluntary, quality NM PreK programs; 2) Prioritize the enrollment of children without access to high quality programs; 3) Provide developmentally appropriate activities for NM children; 4) Focus on school readiness; 5) Expand early childhood community capacity; and, 6) Provide PreK programs based on the comprehensive framework as described in the NM PreK Program Standards. B. ELIGIBILITY AND SPECIAL CONDITIONS

NM PreK program services will be provided by non-public school providers on a per-child reimbursement rate of $2,803.00 (540 hours) plus a per-child instructional materials rate of $98.00 in communities with the highest percentage of public elementary schools that are designated as Title I schools and that serve the highest percentage of public elementary students who are not meeting the proficiency component required for calculating adequate yearly progress (AYP) in either math or reading. At least 66% of a PreK programs enrollment must be limited to the targeted community identified in the PreK Programs proposal. The community is defined by public school district boundaries and/or tribal community boundaries. For example, a community might be the boundaries of one or more elementary schools or the entire district. If there is compelling need and with the approval of CYFD, up to 33% of the enrollment can be from outside the targeted community. However, these children must also be from the attendance zone of a Title I elementary school and that serve the highest number of public elementary students who are not meeting the proficiency component required for calculating adequate yearly progress. A limited amount of NM PreK funding for NM PreK programs is available for Transportation (Section C) of children in cases where it is essential for the provision of a program. These funds are not intended to take the place of existing resources that are or could be used for transportation nor can they be used for purchase of vehicles. This is a competitive process. The program services section has a maximum of 225 points total available and will be scored individually. The scores from Section C from Part V Specifications will be reviewed separately from the Program Services Section B. Only those applicants funded through this RFP to provide NM PreK services are eligible to be funded for Transportation costs.

C.

SUMMARY SCOPE OF WORK

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The scope of work shall consist of providing direct services to 4-year-old children in NM PreK programs. NM PreK programs funded through this RFP MUST meet the following program requirements: PRIORITY PreK PROGRAM REQUIREMENTS/SERVICES: Provide PreK services for a minimum of 450 hours of classroom-based services plus at least 90 hours to include: one home visit conducted early in the contract year, at least three parent conferences that coincide with the child assessment cycle, at least two opportunities for parent group meetings, professional development, training, transition, or other program-related activities (e.g. required training regarding the PreK data base, ECERS-R and ECERS-E and the child observation, assessment and/planning cycle).
1. 2.

Implement classroom-based services designed using the observation, documentation, and planning cycle described in the CD ROM, NM PreK Observational Assessment Tools and the two (2) required trainings, An Introduction to the PreK Observational Assessment Tools, and Curriculum in New Mexico Prek: Weaving Together Observation, Documentation and Planning provided to staff.
3.

Comply with all participation and data reporting requirements for the: child observation, documentation and planning cycle exclusive use of the New Mexico PreK Observational Assessment Tools NM PreK lesson plan form.

4. Ensure that the program has a current written plan to engage parents in appropriate parental involvement activities. The plan will include how the program will use both the childrens portfolios and the New Mexico Parent Materials (on NM PreK website) to assist parents in supporting their childs learning. Fully participate in the NM PreK Consultant program, including release time for consultation with the assigned NM PreK Consultant, to ensure implementation of the NM PreK Observational Assessment tools and planning cycle.
5.

Prioritize the enrollment of children who would not otherwise have the opportunity to attend a quality early care and education program (Head Start, 4 STAR, accredited early care and education program or public school prekindergarten). PreK programs must prioritize the enrollment of children who: a) Are not already participating in a high quality early childhood care and education program (as defined above). b) Would not otherwise have the opportunity to participate in a high quality early childhood care and education program (as defined above). c) Are not being funded for early care and education (PreK) services during the specified NM PreK program hours with another funding source.
6.

d)

Will attend kindergarten in an elementary school designated as a Title I school by the NM Public Education Department and with a relatively high percentage of third grade students not meeting proficiency in math and reading.

Provide reports in a format designated by the Office of Child Development no later than the 15th of October, 15th of February, and the final report at the end of the contract period. The first report will contain a current lesson plan using the required NM PreK lesson plan form.
7. 8.

Adhere to the principles of the Draft New Mexico PreK Curriculum Policy Brief with activities based upon sound child development/early childhood principles; the needs, interests, desires, and relevant life experiences of the children and families served; the language, home experiences, and cultural values of the children served; and the programs goals and objectives. Content is based on the New Mexico Early Learning Guidelines and is designed to achieve long-range goals for children in all domains physical, motor, social, emotional, language, and cognitive and to help children prepare to function as fully contributing members of a democratic society. 9.

Establish administrative systems of supervision and oversight to ensure: Program compliance with the contract (Scope of Work), the Assurances, and alignment with the NM PreK Program Standards and use of the NM PreK Early Learning Guidelines and NM PreK Observational Assessment tools and planning cycle. (the most current version available at www.newmexicoprek.org) to meet the total developmental needs of children (e.g. physical, cognitive, social and emotional, health care, nutrition, and safety). That each staff member has a current professional development plan in place with specific professional goals and timelines, no later than October 1, 2011. They must document their on-going activities to increase their knowledge, specialization and qualifications in early childhood education, individualization, and family support. That teachers and/or assistants not meeting staff qualifications in the NM PreK Program Standards take at least six (6) hours of college credit annually toward meeting the standard and include work toward meeting these requirements in their professional development plan. Documentation of successful completion of the six (6) hours will be required at the end of each contract year.

10. Submit invoices on a monthly basis to the Children, Youth and Families Department. Enroll only children who have reached their fourth (4th) birthday on or before 12:01 a.m. September 1, 2011 and are not age-eligible for kindergarten.
11.

ASSURANCES As a condition of initial funding and continued funding, programs MUST ensure compliance with the following program provisions (also required on Form C) Ensure that each teacher, teacher assistant and site administrator is provided with his/her own
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copy of the NM PreK Program Standards, the PreK Lesson Plan Form and the NM PreK Essential Indicators with Rubrics and the Priority PreK Program Requirements/Services and Assurances prior to the first day of the PreK program services. Ensure that programs receiving payments for PreK children, from any source, for services delivered during non-PreK hours and/or to supplement PreK funds during PreK hours are documented on a monthly basis. Ensure that PreK funds are used to supplement and expand existing resources and are not used to take the place of or supplant any funding that is being utilized. Ensure that the PreK portion of the day must be designated with total costs allocated proportionately. Ensure that all classrooms provide inclusive settings for children with developmental delays and disabilities based on federal IDEA rules and regulations using cost allocation methods in collaboration with the local educational authority (LEA) special education department to fund these students. Ensure that PreK funds shall not be used for any religious, sectarian or denominational purposes, instruction, or materials. Ensure confidentiality of all childrens files by providing and maintaining a secure filing system. Ensure that current data is maintained on the NM PreK database by updating information at least twice monthly. Ensure that the program and its facilities meet the New Mexico Child Care Licensing Regulations as applicable. Ensure that parents are informed of the availability of their local PreK program including how children will be recruited, selected and enrolled through a process that assures equal access to the program and meeting priorities for enrollment during each year of the contract cycle. Ensure that all PreK classrooms establish a process of continuous quality improvement using a variety of self-assessment tools including environmental rating scales. NM PreK programs should work toward scoring at least a 5 on subscales of the Early Childhood Environment Rating Scale Revised (ECERS-R) and the ECERS-E, the Four Curricular Subscales Extension. Ensure that children with special/behavioral needs are not dismissed from the PreK Program solely because of their special/behavioral needs without approval. Ensure that programs participate in the Child Care Food/School Lunch Program and organize their schedule to provide at least one meal per session meeting USDA requirements. Ensure that written transition policies and procedures are in place for families of children moving into the program, exiting the program, and/or transitioning into kindergarten. The procedures reflect the diversity and uniqueness of the children and community in which they
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reside. Transition procedures include a series of transition activities (e.g. home visits, parent meetings, kindergarten visits) that will prepare the child and family for the changes and help to make for a positive transition. Ensure that programs refer PreK participants to community health providers able to provide assessments for each child prior to the beginning of PreK or within the first month of attendance. These are: Physical examination Current immunizations Vision screenings Hearing screenings Dental screenings Ensure that developmental screenings are conducted for each child prior to the 3 rd month of attendance. Programs will work for early detection of children at risk for developmental delay. Where possible the dominant language of the child will be used during screening. Appropriate referrals and services are made available to address all identified concerns. Ensure that the maximum group size and ratios are adhered to at all times: The maximum group size is 20 children. The teacher-child ratio is 1:10 with one lead teacher and one assistant if the group size is 11 or more. D. SCOPE OF PROCUREMENT

The scope of work in the procurement shall encompass all services specified in the Summary Scope of Work and requires contractor to submit to CYFD a comprehensive final report, including narratives and supporting documentation of all required components described as well as recommendations for possible follow-up activities. Subsequent phases of the project are subject to Legislative approval, and the competitive sealed proposals RFP process. E. PROGRAM MANAGER

It is the intent of CYFD that the RFP process be open and fair and that the funds be allocated in a manner that provides the greatest possible benefit to New Mexicos residents. To insure that this occurs, the Program Manager responsible for the conduct of the procurement process is named below: Judith Paiz PreK Program Manager CYFD/Office of Child Development 1120 Paseo de Peralta PERA Building, Room 116 Santa Fe, NM 87501 Work: (505) 827-7689 Fax: (505) 476-0490 Email: judith.paiz@state.nm.us Applicants may contact ONLY the Program Manager regarding the procurement process. Other state employees do not have the authority to respond on behalf of CYFD. Questions must be in
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writing and received by April 29, 2011. Written responses will be provided to all applicants who have returned a letter of interest. F. MANDATORY LETTER OF INTEREST

Interested applicants must submit a letter of interest to the Program Manager by April 29, 2011, in order to submit a proposal, be notified of any amendments to this RFP and receive responses to written questions. If a program submits a Letter of Interest and decides not to go forward with the proposal submission process, the letter is non-binding. G. BACKGROUND INFORMATION

During the 2005 legislative session, the New Mexico Legislature passed the Pre Kindergarten Act and provided funding to develop and implement voluntary NM PreK programs for 4-yearolds throughout New Mexico to advance childhood development and readiness. As directed by the Act, the New Mexico Public Education Department (PED) and CYFD have jointly developed the NM PreK program to fund eligible applicants for voluntary, quality NM PreK activities for 4-year-olds in NM. PED and CYFD will cooperate in the development, implementation, and administration of the NM PreK program, including the monitoring of contracts to ensure the effectiveness of child-centered, developmentally appropriate practices and outcomes, and to provide technical assistance to providers. H. ELIGIBLE APPLICANTS

Licensed non-public school early childhood providers are eligible to apply to CYFD for NM PreK programs through this RFP. I. CONTRACT PERIOD

The contract(s) shall begin approximately on July 1, 2011, or as soon as possible thereafter and end on June 30, 2012. CYFD will award contracts to applicants for a period of one year, with the option to renew the contract(s) for an additional three (3) years, on a yearly basis. Continuation of the contract(s) is contingent upon satisfactory contract compliance by the contractor, as determined by CYFD and receipt by CYFD of anticipated funds from the New Mexico State Legislature.

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PART II - CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule for the procurement, describes the major procurement events, and the conditions governing the procurement. CYFD reserves the right to alter or update the schedule. CYFD will make every effort to adhere to the schedule. A. SEQUENCE OF EVENTS Issuance of RFP Pre-Proposal Conference Mandatory Letter of Interest Questions Regarding RFP Response to Written Questions Proposal Due Date and Submission Proposal Evaluation Funding Recommendations Intent to Award Notifications Contract Negotiations Contract Effective Date B. EXPLANATION OF EVENTS April 18, 2011 April 25, 2011 April 29, 2011 April 29, 2011 May 6, 2011 May 18, 2011 May 24-25, 2011 June 1, 2011 June 8, 2011 June 10, 2011 July 1, 2011

The following paragraphs describe the activities listed in the sequence of events shown in Section II, Paragraph A. 1. Issuance of RFP This RFP is being issued by CYFD on April 18, 2011. The RFP may be viewed and downloaded at www.cyfd.org and www.newmexicoprek.org. Pre-Proposal Conference A pre-proposal conference will be held on April 25, 2011 at 9:00 a.m. Mountain Daylight Savings Time at the Old PERA Building, 1120 Paseo de Peralta, Apodaca Hall, 2nd floor. The building is located across the street from the Roundhouse. There is ample parking on the east side of building. A public log will be kept of the names of potential applicants that attend the pre-proposal conference. Attendance at the pre-proposal conference is not a prerequisite for submission of a proposal. Mandatory Letter of Interest Interested applicants must submit a Letter of Interest to the Program Manager by April 29, 2011, in order to submit a proposal, be notified of any amendments to this RFP and receive responses to written questions. If a program submits a Letter of Interest and decides not to go forward with the proposal submission process, the letter is non-binding. 4. Questions Regarding RFP
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2.

3.

Questions regarding the RFP must be submitted in writing by April 29, 2011 to the Program Manager. All applicants who submit a letter of interest will receive a written response to questions. 5. Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed on May 6, 2011 to all potential offerors whose organization name appears on the procurement distribution list. Additional written requests for clarification of distributed answers and/or amendments must be received by the Procurement Manager no later than seven (7) days after the answers and/or amendments were issued. 6. Proposal Due Date and Submission Unless CYFD otherwise advises, proposals must be received no later than 3:00 PM Mountain Daylight Savings Time on May 18, 2011. Proposals received after this deadline will not be accepted. Proposals must be addressed and delivered to the Contracts Officer at the address listed below. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the NM PreK RFP. Proposals submitted by facsimile or electronically will not be accepted. Michelle Montoya, Contracts Officer NM CYFD - Administrative Services Contracts Section P.O. Drawer 5160 Santa Fe, New Mexico 87502-5160 (505) 827-8025 or Anthony Pacheco at: (505) 827-8027 If mailing via overnight express, mail to: Michelle Montoya, Contracts Officer NM CYFD - Administrative Services Contracts Section 1120 Paseo de Peralta PERA Building, Room 101 Santa Fe, NM 87501 (505) 827-8025 or Anthony Pacheco at: (505) 827-8027 Receipt of proposals in any CYFD office other than Room 101 described above will not be considered as meeting the proposal deadline and will be rejected. Please call in advance for directions if unfamiliar with delivery location. A public log will be kept of the names of all applicant organizations that submitted proposals. Pursuant to Section 13-1-1 16 NMSA 1978, the contents of any proposal shall not be disclosed to competing Applicants prior to contract award. 7. Proposal Evaluation
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The evaluation of proposals will be performed by an Evaluation Committee appointed by PEDs and CYFDs Management. This process will take place beginning on May 24-25, 2011. During this time, the Program Manager may initiate discussions with applicants who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions shall not be initiated by the applicant. 8. Funding Recommendations The Evaluation Committee will develop funding recommendations by approximately June 1, 2011; recommendations will then be forwarded to the Secretary of CYFD. The Secretary of each agency will determine whether to proceed to finalize the selection process for a particular program within a given targeted community. Intent to Award Notification CYFD will send a written notice of the procurement decision by approximately June 8, 2011. Contract Negotiations and Processing Contract negotiations will be conducted and contracts developed and signed with the most advantageous applicant by approximately June 10, 2011. In the event that mutually agreeable terms cannot be reached within the time specified, CYFD reserves the right to undertake contract negotiations with the next most advantageous applicant without undertaking a new procurement process. Contract Effective Date The planned contract effective date is approximately July 1, 2011. All contracts are subject to the approval of the New Mexico Department of Finance and Administration before becoming effective. Protest Deadline Any protest by an applicant must be timely and in conformance with Section 13-1-172 NMSA 1978 and applicable procurement regulations. The 15 day protest period for responsive Applicants shall begin on the day following the receipt of contract award letter and will end as of close of business 15 days thereafter. Protests must be written and must include the name and address of the protestor and the RFP number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Secretary of CYFD. The protest must be delivered to the Secretary of CYFD. Secretary of Children, Youth and Families Department PERA Building, Suite 572 1120 Paseo De Peralta Santa Fe, New Mexico 87502 Mailing Address: P.O. Drawer 5160 Santa Fe, New Mexico 87502
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9.

10.

11.

12.

Phone Number: (505) 827-7602 Protests received after the deadline will not be accepted.

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PART III GENERAL REQUIREMENTS This procurement will be conducted in accordance with the State Purchasing Agent's procurement regulations, 1.4.1NMAC (2001). A. ACCEPTANCE OF CONDITIONS GOVERNING THE PROCUREMENT Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Part V of this RFP. INCURRING COST Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the offeror. C. PRIME CONTRACTOR RESPONSIBILITY Any contract that may result from this RFP will specify that the prime contractor is solely responsible for fulfillment of the contract with CYFD. CYFD will make contract payments to only the prime contractor. D. SUBCONTRACTORS Subcontractors and other business associations to be used by the applicant in the performance of the scope of work under this RFP shall be identified with specificity in the proposal. Prior written approval by CYFD must be received for any sub-contract over $1,000.00. E. AMENDED PROPOSALS An applicant may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in a transmittal letter. CYFD personnel will not merge, collate or assemble proposal materials. F. APPLICANTS RIGHTS TO WITHDRAW PROPOSAL An applicant may withdraw their proposal at any time prior to the deadline for receipt of proposals. The applicant must submit a written withdrawal request signed by the applicants duly authorized representative addressed to the Contract Manager. G. DISCLOSURE OF PROPOSAL CONTENTS The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.
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B.

If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the State Purchasing Agent shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data. H. PROPOSAL/RFP CONFLICT In the event an award is made, a contract will be prepared by CYFD for work described in the proposal. In the event of a conflict between the RFP and the applicants proposal, the negotiated contract shall control. I. RFP CANCELLATION This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when CYFD determines it is in the best interest of CYFD. CYFD will award contracts that offer the best possibility for providing the services requested. J. APPROPRIATION CONTINGENCY Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations from the New Mexico Legislature or the federal government do not exist. Such termination will be effected by sending written notice to the contractor. CYFDs decision whether sufficient appropriations and authorizations are available will be accepted as final by the Contractor. K. LEGAL REVIEW CYFD requires that all applicants agree to be bound by the contract and monitoring requirements as listed. For this reason, it is strongly recommended that applicants have the general requirements contained herein reviewed by counsel. L. GOVERNING LAW This procurement and any agreement with applicants that may result will be governed by the laws of the State of New Mexico. M. BASIS FOR PROPOSAL Only information supplied by CYFD through the Procurement Manager, or in this RFP should be used in the preparation of applicant proposals. N. CONTRACT TERMS AND CONDITIONS The contract between CYFD and a contractor will follow the format specified by CYFD and contain the terms and conditions set forth in Appendix A Sample Contract and Administrative and Fiscal Standards. CYFD reserves the right to negotiate provisions with a successful applicant in addition to those stipulated in this RFP. The contents of the RFP, as revised and/or supplemented, and the successful applicants proposal will be incorporated into the contract. Applicants must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with CYFD. Should an applicant object to any of CYFDs terms and conditions, the applicant must propose specific alternative language that would be acceptable to CYFD.
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All contracts for professional services are subject to the review and approval of DFA pursuant to 13-1-118 NMSA 1978 and DFA Rule 2.40.2 NMAC. O. APPLICANT QUALIFICATIONS The Evaluation Committee may make such investigation as necessary to determine the ability of the applicant to adhere to the requirements of this RFP and to the proposed services specified in the applicants proposal. The Program Manager will reject the proposals of any applicant who is not a responsible applicant or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA 1978. P. RIGHT TO WAIVE MINOR IRREGULARITIES The Program Manager reserves the right to waive minor irregularities in proposals that can be corrected without changing the substance of the proposal and without prejudice to other applicants. The Program Manager also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Program Manager. Q. PROCUREMENT CODE The New Mexico Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks. All protests will be handled in accordance with the New Mexico Procurement Code. R. ACKNOWLEDGMENT OF AMENDMENTS Only applicants who have submitted a letter indicating their interest in this RFP will be notified, by return-receipt mail, of any amendments to the RFP. The returned receipt will serve as written acknowledgment that all RFP amendments have been received. S. RECORDS RETENTION The successful applicant shall maintain and allow access to detailed records documenting services provided and expenses incurred for a minimum of three years. T. REIMBURSEMENT Reimbursement will be made upon receipt of a signed invoice and approved expenditure report in accordance with the approved budget incorporated in the contract. All costs claimed must be separate from existing funding sources and not claimed from any other funding source. U. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY REGULATIONS

HIPAA refers to the Health Insurance Portability and Accountability Act of 1996, U.S. Public Law 104-191 and associated regulations. A part of HIPAA, the Privacy Rule, protects personal health and client information from inappropriate disclosure. Every agency/entity receiving a contract as a result of this RFP must ensure the confidentiality of client records and health information.

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PART IV RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES Applicants shall submit only one proposal. If applicants are proposing to serve more than one targeted community, each targeted community must be addressed separately in the proposal narrative. NUMBER OF COPIES Proposals must be submitted in a sealed mailing package with the Name of the Organization, Proposal Number, Proposal Title and deadline date clearly indicated on the bottom left hand side on the front of the mailing package. Applicants shall deliver four (4) copies of their proposal to the location specified in Part II, Paragraph B.6 on or before the closing date and time for receipt of proposals. One of the four copies must have the original signatures of the authorized officials of the organization on the cover page. Only proposals with the original signatures will be accepted as meeting the established contract deadline. The director must sign the cover page and assurances. C. PROPOSAL FORMAT All proposals must be printed, double-spaced and one sided on 8 1/2 x 11, unruled, white paper. The font must be set at 12-point size, in a readable font such as New Times Roman, Courier, Arial, etc. The proposal shall not be more than 22 typed pages, excluding all forms, attachments, table of contents, abstract, assurances, budget and budget justification. All pages shall be numbered and proposals must be bound. The 22 pages would include 20 for the program services narrative and 2 pages for the transportation narrative. Proposal Organization The proposal must be organized and indexed as listed in the table of contents, which references the responses to the required information. The table of contents is Form B, which is provided. Within each section of their proposal, Applicants shall address the items in the order in which they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. CYFD is not responsible for any costs incurred in the preparation or submission of a proposal. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis. D. FORMS This section will serve as a checklist of the forms that must be included as part of the Proposal. All forms must be completed and submitted as part of the proposal.
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B.

Forms are not included in the 20-page limitation of the program services narrative, and a 2 page limitation for the transportation narrative. Below are all forms provided and required to be included in the proposal. (See Form B) Form A Cover Application Form This form must be completed and submitted as the cover sheet to the proposal packet for the applicant to be considered for funding. Form B Table of Contents Form C Statement of Assurances Form D Project Abstract Forms E 1, 2, and 3 Documentation of Needed Capacity Improvement. Form F Line Item Budget (Separate forms for each category; Program Services and/or Transportation) Forms G 1 and 2 Budget Narrative (Separate forms required for each category; Program Services, Transportation) Forms H - 1 and 2 Additional Revenue Sources and Cost Allocation Form I Board of Directors Roster Form J Staff Qualifications & Personnel Costs Summary Form K Campaign Contribution Form Note: ALL FORMS ARE REQUIRED TO BE COMPLETED FOR ACCEPTANCE OF PROPOSAL

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PART V SPECIFICATIONS Applicants shall respond in the form of a thorough narrative to each mandatory specification. The narratives along with required supporting materials will be evaluated and awarded points accordingly. A. Information 1. Level of Effort For the purpose of preparing proposals, Applicants are to assume that the work required in the first year of the contract will be a per-child reimbursement rate of $2,803.00 (540 hours) plus a per-child instructional materials rate of $98.00. A contract awarded under this RFP shall be for one year and may be renewed subject to appropriation of funds by the Legislature and successful implementation of the NM PreK program as determined by CYFD, including maintaining priority services and requirements in the Scope of Work and Assurances. 2. Time Frame The contract is scheduled to begin approximately on July 1, 2011 or as soon as possible thereafter. The initial contract deliverables are to be completed by June 30, 2012. B. Program Services Narrative 1. Statement of Need (Total - 50 points) Applicants must clearly identify the targeted community to be served. Refer to the definition of community on page 6 of the introduction. If more than one targeted community is proposed to be served, each targeted community must be addressed separately. This section must clearly and succinctly describe the need for a NM PreK program in the targeted community. You must convincingly describe the socioecological need of the community as well as the need for a PreK program in the specified community. Two specific aspects of need must be included: a. Need of the Targeted Community 25 points This section provides the opportunity to describe the targeted community from which PreK children will be served. In as much detail as possible using as much supporting data as is available describe the targeted community. Include socio-ecological risk factors that would likely result in children being at risk for school failure: e.g. rates of poverty, teen pregnancy, low birth weight, juvenile incarceration, abuse and neglect, high school drop-outs, adult literacy. Provide as much detail and data as possible related to the general population and families of the children you propose to serve. The argument must be logical and convincing. b. Need for a PreK Program 25 points This section provides the opportunity to describe the unmet need for quality early care and education services in the targeted community. To score the most possible points, the proposal must include at least the following: the target population of children you will enroll and how you will prioritize the enrollment of children who would not otherwise have the
21

opportunity to attend a quality early childhood education program (Forms E-1, E-2 and E-3 may be used for this purpose, as appropriate) (Forms can exceed the 20-page limitation of the program narrative.) the number of 5-year-olds currently enrolled in the elementary school(s) in the targeted community (Form E2); the total number of 4-year-olds currently served in the targeted community in any licensed out-of-home setting; the number of 4-year-olds currently served in a Head Start, 4-STAR, Accredited setting, or pre-kindergarten public school program (not to include four year old children, with developmental disabilities, who attend a special education program DD/619 preschool); the difference between number of five-year olds served and four-year olds served in Head Start, 4-STAR, Accredited setting, or pre-kindergarten public school programs; the number of 4-year-olds proposed to be served in 20112012. the elementary schools where PreK children will attend kindergarten; the percent of children to be served living in school attendance zone of a Title I elementary school.

Much of this information may be included on Forms E 1, 2, and 3 and summarized in the narrative. 2. Organizational Capacity and Plan of Operation (Total - 50 points) Again, this section is divided into two parts: 1) the organizations capacity to implement the NM PreK program, and 2) how the organization proposes to implement the program. Applicants proposing to operate more than one PreK site must organize this section in a clear and concise manner so that the reader is able to understand the organizations capacity as well as the Plan of Operation for each site. a. Organizational Capacity 25 Points Applicants must clearly describe the background, purpose, experience, and success of the provider, especially with regard to previous experience providing NM PreK programs. Describe the programs efforts to provide a quality early care and education program, such as involvement with AIM HIGH, national accreditation. (Attach child care license with STAR level as an attachment, if appropriate). Describe the programs knowledge of and experience using the child assessment process and the NM PreK Observational Assessment Tools (available at www.
22

newmexicoprek.org) Applicants must thoroughly describe how the PreK program relates to the mission of the organization, and what benefits are anticipated as a result of this program. Applicants must describe plans for administration and implementation of the PreK program, including personnel responsible for administration and management. Explain how the person(s) designated as the PreK program director(s) or coordinator(s) will handle the day-to-day operations of the PreK program and ensure compliance with the contract scope of work, the Assurances and alignment with the NM PreK Program Standards and the NM Pre K Early Learning Guidelines and submission/maintenance of accurate data in the NM PreK data base. Describe the role of the site coordinator in the administration and implementation of the PreK program. Applicants must provide a description of the qualifications and experience of the early childhood staff and all staff for each site involved with proposed project. For example, document that staff are properly licensed and qualified per NM PreK Program Standards. Applicants must report the number and title of any college/university early childhood education credit courses taken within the past two years by staff who will work with NM PreK children. (See Form J)
b. Plan of Operation - 25 points Applicants must describe the plan of operation for the proposed PreK program. This description must include, at least, the following: i.

A detailed timeline for delivery of the proposed services, including a calendar of when PreK services will be provided. A sample of a proposed daily schedule. A sample lesson plan on the required New Mexico PreK Lesson Plan Form (See Appendices). A diagram of each classroom to be used for PreK (Indicate if the classroom was funded with state PreK capital outlay) Describe the plan for informing parents about the availability of the PreK program and for implementing a selection process that ensures equal access to the program for all four year olds in the targeted community(ies) and meeting enrollment priorities. Describe the programs plan for communicating with and involving parents in the PreK program, including family-teacher conferences. Describe what resources, personnel and processes will be put in place to ensure completion of the child observation/documentation process.
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ii. iii.

iv.
v.

vi.

vii.

viii.
ix.

Describe the tools and process that will be used to plan and implement the PreK program curriculum. Describe your systems, tools, and processes for continuous program improvement, including staff development plans to meet the NM PreK Program Standards.

3. Budget (Total - 25 points) Applicants must complete all budget forms (Forms F, G and H), indicating actual and projected additional revenue sources. Applicants must provide a detailed budget for costs (see Form F and Form G). All costs should be reasonable and well justified and must relate to the proposed project activities. (Forms can exceed the 20-page limitation of the program narrative.) Use cost-allocation methods to describe the total cost of services provided. If state PreK funds cover the entire portion of the half-day PreK program, submit only Form F and G.

Applicants should use Form H.1 to describe any funding that is used to supplement the half-day PreK day. For example, if transportation is provided using another funding source, or if foundation funds or other revenue sources are used to pay for an instructional assistant during the half-day, this should be reflected on Form H.1.

Applicants should use Form H.2 to describe any funding that is used to expand/extend the half-day PreK day. For example, if full-day services are provided using subsidy, parent fees or other funds, this should be reflected on Form H.2

Examples of allowable costs include: Salaries and benefits Materials and supplies Equipment Food and meals for project participants in excess of USDA reimbursement Transportation Up to 7% of the contract award amount for program services may be used for other administrative costs such as data collection and entry. Examples of unallowable costs include: Construction, renovating or acquiring real property Organized fundraising Out-of-State Travel NOTE: Teacher Education and Compensation Helps (T.E.A.C.H.) Scholarships are available to NM PreK personnel who do not meet requirements in the NM PreK Program Standards. These scholarships require financial and other commitments from both the PreK program and the scholarship recipient. Costs to the PreK program are allowable PreK expenditures and should be included in the budget.
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Contact T.E.A.C.H. Scholarship Program Director, for program cost estimates (505) 243-5437. Budgeting for the support of T.E.A.C.H. scholarships should correspond to Section 3d - Staff Professional Development Plans in the proposal narrative. NOTE: Please put at least the $98.00 per child rate for instructional materials in the education and recreation supplies line item. C. Transportation A limited amount of NM PreK funding for NM PreK programs is available for transportation of children in cases where it is essential for the provision of a program. This means situations in which children would not be able to participate without transportation to and from the program. These funds are not intended to take the place of existing resources that are or could be used for transportation.
1.

Statement of Demonstrated Need (50 points) Applicants must describe the need for NM PreK Transportation funding and the number of 4-year-old children it will benefit. Assurance must be provided that no other funds are available for transportation. Transportation funds may not be used to purchase vehicles. Applicants must provide a current needs assessment that describes the adequacy and capacity of transportation services for PreK programs that includes, but is not limited to, the following: 1. Estimated # of children not able to attend without provided transportation 2. Estimated average cost to transport each child 3. Other transportation resources currently in use 2. Maximizing Capacity (30 points) The NM PreK program is intended to provide access to all interested families with 4-year-old children in a community. It is intended to support both school and community programs in achieving this quality option. If collaboration with other community resources for provision of transportation services is anticipated, please describe how that collaboration will occur. 3. Budget (20 points) Applicants must provide a detailed budget for costs (see Form F and Form G). All costs should be reasonable and well justified and must relate to the proposed provision of transportation services. If applicable, complete Form H-1 and/or Form H-2 indicating actual and projected additional revenue sources.

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PART VI EVALUATION A. Program Services Evaluation Point Summary

The following is a summary of evaluation factors with point value assigned to each. These, along with the general requirements, will be used in the evaluation of Applicant proposals. Factor Statement of Need Organizational Capacity and Plan of Operation Budget Points Available 50 50 25

The points below are derived from the New Mexico FY11 Pre-K Priority Table Percent of Title I Elementary Schools in targeted community 50 Percent of 3rd grade students not meeting proficiency in reading and math 50 Total 225 B. Transportation Evaluation Point Summary

Those applicants funded through this RFP are eligible to be funded for transportation costs. The following is a summary of evaluation factors with point value assigned to each. These, along with the general requirements, will be used in the evaluation of Applicant proposals. FACTOR 1. Statement of Demonstrated Need 2. Maximizing Capacity 3. Budget TOTAL POINTS AVAILABLE 50 30 20 100

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FORM A COVER APPLICATION FORM FOR 2011-2012 PROGRAM YEAR Solicitation Number 7170

27

FORM B TABLE OF CONTENTS Instructions: Complete this Table of Contents in alignment with your proposal. Please insert page numbers to indicate where these sections can be found. All forms should be returned with I. APPLICANT INFORMATION: Please check the NM PreK funds you are applying for: Program Services: __________ Transportation:___________ A. Organization Name B. Mailing and Street Address: C. Telephone Number: Fax Number: D. Tax I.D. Number: Federal Income Tax #: State Gross Receipts Tax #: E. Person in Organization to Contact Regarding Proposal: Name: Title: Telephone: E-Mail Address: State Vendor # E-mail Address:

F. Other Sources of Funding (add an additional page if necessary) For the Proposed Program:

II. SIGNATURE OF APPLICANT - I hereby certify that all information contained in this proposal contains no willful misrepresentation and that the information is true and complete to the best of my knowledge. Program Director Signature: Typed Name: Title: Board President Signature: Typed Name: Title: Date: Date:

The information on this form must be completed before the proposal will be considered for evaluation.
the proposal. PROPOSAL CONTENTS
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PAGE

Cover Application Form (Form A) Table of Contents (Form B) Statement of Assurances (Form C) Project Abstract (Form D) PROGRAM SERVICES SECTION Program Services Narrative (max. of 20 pages) Statement of Need Organizational Capacity and Plan of Operation Documentation of Needed Capacity Improvement (Forms E 1, 2, 3) Budget (a separate Form (F) is required for each category; Program Services, and/or Transportation (if you are requesting supplemental transportation funds, place the relevant Form F immediately following the respective narrative.) Budget Justification Narrative (a separate Form (G) is required for each category; Program Services, and/or Transportation (if you are requesting supplemental transportation funds, place the relevant Form G immediately following the respective narrative.) Additional Revenue Sources (a separate Form (H-1and H-2) is required for each category; Program Services, and/or Transportation Board Roster (Form I) Staff qualifications and Personnel Cost Summary (Form J) Campaign Contribution Form (Form K) OPTIONAL FUNDS TRANSPORTATION SECTION Transportation Narrative (Maximum of 2 pages) + Form F, G and/or H-1, H-2 ( if applicable) Documents required by Form C/Assurances Appendices optional

29

FORM C ASSURANCES FOR COMMUNITY PROGRAMS This form must be completed and signed by all applicants. Include this form in the proposal along with the appropriate attachments. Use N/A for any item(s) that are not applicable. Corporate Assurances Attached _____ 1. Copy of current Articles of Incorporation as approved by the New Mexico Public Regulation Commission Corporations Bureau. _____ 2. Copy of current By-Laws. _____ 3. Copy of proof or registration with the NM Department of Taxation and Revenue for the payment of gross receipts tax or proof of the grant of an exemption from payment of federal income tax pursuant to the Internal revenue Code of 1954, 26 USC Section 501(C)(3). _____ 4. If applicable, copy of most recent non-profit corporate report filed with the New Mexico Public Regulations Commission - Corporation Bureau.

_____ 5. Financial statement and most current audit. Licensing Assurances _____ 1. Attach a copy of your most recent CYFD Licensing Survey ______2. Attach a copy of your Child Care License for each potential PreK site. Program Assurances Yes___No___ Ensure that each teacher, teacher assistant, and site coordinator or administrator is provided with his/her own copy of the NM PreK Program Standards and the PreK Lesson Plan Form, the NM PreK Essential Indicators with Rubrics and the Priority PreK Program Requirements/Services and Assurances prior to the first day of the PreK program services. Yes___No___ Ensure that programs receiving payments for PreK children, from any source, for services delivered during non-PreK hours and/or to supplement PreK funds during PreK hours are documented on a monthly basis. Yes___No___ Ensure that PreK funds are used to supplement and expand existing resources and are not used to take the place of or supplant any funding that is being utilized. Yes___No___ Ensure that the PreK portion of the day must be designated with total costs allocated proportionately. Yes___No___ Ensure that all classrooms provide inclusive settings for children with developmental delays and disabilities based on federal Individual with
30

Disabilities Education Act (IDEA) rules and regulations using cost allocation methods in collaboration with the local educational authority (LEA) special education department to fund these students. Yes___No___ Ensure that PreK funds shall not be used for any religious, sectarian or denominational purposes, instruction, or materials. Yes___No___ Ensure confidentiality of all childrens files by providing and maintaining a secure filing system. Yes___No___ Ensure that current data is maintained on the NM PreK database by updating information at least twice monthly. Yes___No___ Ensure that the program and its facilities meet the New Mexico Child Care Licensing Regulations as applicable. Yes___No___ Ensure that parents are informed of the availability of their local PreK program including how children will be recruited, selected and enrolled through a process that assures equal access to the program and meeting priorities for enrollment during each year of the contract cycle. Yes___No___ Ensure that all PreK classrooms establish a process of continuous quality improvement using a variety of self-assessment tools including environmental rating scales. NM PreK programs should work toward scoring at least a 5 on subscales of the Early Childhood Environment Rating Scale Revised (ECERSR) and the ECERS-E, the Four Curricular Subscales Extension. Yes___No___ Ensure that children with special/behavioral needs are not dismissed from the PreK Program solely because of their special/behavioral needs without approval. Yes___No___ Ensure that programs participate in the Child Care Food/School Lunch Program and organize their schedule to provide at least one meal per session meeting USDA requirements. Yes___No___ Ensure that written transition policies and procedures are in place for families of children moving into the program, exiting the program, and/or transitioning into kindergarten. The procedures reflect the diversity and uniqueness of the children and community in which they reside. Transition procedures include a series of transition activities (e.g. home visits, parent meetings, kindergarten visits) that will prepare the child and family for the changes and help to make for a positive transition. Yes___No___ Ensure that programs refer PreK participants to community health providers able to provide assessments for each child prior to the beginning of PreK or within the first month of attendance. These are: Physical examination Current immunizations
31

Vision screenings Hearing screenings Dental screenings Yes___No___ Ensure that developmental screenings are conducted for each child prior to the 3rd month of attendance. Programs will work for early detection of children at risk for developmental delay. Where possible the dominant language of the child will be used during screening. Appropriate referrals and services are made available to address all identified concerns. Yes___No___ Ensure that the maximum group size and ratios are adhered to at all times: The maximum group size is 20 children. The teacher-child ratio is 1:10 with one lead teacher and one assistant if the group size is 11 or more. Yes___No___I certify that the information provided is true and correct. If awarded a contract I will comply with all contract provisions as well as the administrative and fiscal standards incorporated in this Request for Proposal as Appendix C. ____________________________________________________ Signature of Director/Title (Person must be authorized to bind organization by contract.) ______________ Date

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FORM D PROJECT ABSTRACT

Provider: Coordinator/Project Director: Total Project Funds Requested for 2010-2011: Target Community: Objectives: (State briefly the objectives of the project.) Project Design: (Give a brief description of the overall design or plan of the project)

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FORM E.1 (One Form Per Site) DEMOGRAPHIC AND TARGET COMMUNITY INFORMATION Name of Target Community __________________________________ School Attendance Area(s) _____________________________________ A. Document the number of 4-year-olds residing in the targeted community who have no access to a quality PreK program (e.g. Head Start, public school preschool (not DD children), 4-STAR or Accredited early care and education program). (Form E-2 can assist you in determining this number).

B. Estimate the number of 4-year-old children who will participate in proposed program and indicate if and where they have been served as three year-olds.

C.

Identify the Title I eligible school attendance areas that will be served.

D. If children in the proposed PreK program will attend more than one elementary school, list the schools and number of children who will attend each elementary school. Document the percentage of children who will attend a designated Title I elementary school.

E. List any collaborating community organizations, public agencies, institutions of higher education, or other nonprofit organizations in the area which will be involved in this project.

F. List all other providers of center-based services for 4 year-olds within the identified targeted community (public & private). LIST ALL PROGRAMS BY NAME WITH NUMBER OF FOURS SERVED IN 2010-2011 AND PROVIDE LICENSE LEVEL AND/OR ACCREDITATION STATUS.

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Form E.2 (One Per Site) Documentation of Potential Needed Capacity for Four-Year-Olds List Elementary School(s) in the identified target community Indicate the number of kindergarten children enrolled in the 201011 school year (NM FY 11 PreK Priority Table see Appendices)

Total =(a) List programs serving 4-year-olds in the identified target community that are Head Start, public school preschool (not DD children), 4-STAR or Accredited. List STAR Level Status and/or Accreditation Status Indicate the number of 4s served and number on waiting list in 2010-11 Number Served Waiting List

Total of column with Number Served =

(b)

XXXXXXXXXXXX

Potential number of unserved children in the identified target community = (a) (b) On a separate page list the number of fours served by all other early education programs serving 4-year-olds in the target community, and their licensed or registered status (for example: Little Moppets Child Care, 3 fours, registered home, or Caring Place, 6 fours, Star Level 3)
SUBMIT THIS TABLE WITH ALL INFORMATION.

FORM E.3
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DOCUMENTATION OF PRIORITY COMMUNITY AND CHILDREN TO BE SERVED Check Yes if the School is Title I Indicate % of this District/School not meeting proficiency requirement in FY 11

Names of Children to be served by NM PreK Program

Location Where Served as Three-Year-Olds

Anticipated Kindergarten Attendance School

SUBMIT THIS TABLE WITH ALL KNOWN INFORMATION WITH YOUR PROPOSAL. RE-SUBMIT THIS TABLE WITH ALL ACTUAL INFORMATION by SEPTEMBER 15, 2011.

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FORM F LINE ITEM BUDGET FOR COMMUNITY PROGRAMS PERSONNEL SERVICES AND EMPLOYEE BENEFITS LINE ITEM# LINE ITEM NAME BUDGET AMOUNT 2031 PERMANENT POSITION-FULL/PART TIME $ 2051 TEMPORARY POSITION- FULL/PART TIME $ 2111 GROUP INSURANCE PREMIUM $ 2121 RETIREMENT CONTRIBUTIONS $ 2131 F.I.C.A. $ 2141 WORKERS COMPENSATION PREMIUM $ 2151 UNEMPLOYMENT COMP. PREMIUM $ 2161 EMPLOYEE LIABILITY INSURANCE PREMIUM $ 2171 RETIREE HEALTH CARE CONTRIBUTIONS $ 2191 OTHER EMPLOYEE BENEFITS $ TOTAL $ CONTRACTUAL SERVICES LINE ITEM# LINE ITEM NAME 3522 REPORTABLE PROFESSIONAL SERVICES TOTAL

BUDGET AMOUNT $ $

TRAVEL & TRANSPORTATION LINE ITEM# LINE ITEM NAME BUDGET AMOUNT 4211 EMPLOYEE IN-STATE MILEAGE AND FARES $ 4221 EMPLOYEE IN-STATE MEALS AND LODGING $ 4251 TRANSPORTATIONFUEL & OIL $ 4261 TRANSPORTATIONPARTS & SUPPLIES $ 4271 TRANSPORTATION--INSURANCE $ 4281 TRANSPORTATIONOTHER TRAVEL $ TOTAL $ MAINTENANCE LINE ITEM# LINE ITEM NAME BUDGET AMOUNT 4321 MAINTENANCEFURNITURE & EQUIP. $ 4331 MAINTENANCEBLDGS. AND STRUCTURES $ 4341 MAINTENANCEPROPERTY INSURANCE $ 4392 REPORTABLE OTHER MAINTENANCE $ TOTAL $ SUPPLIES LINE ITEM# LINE ITEM NAME 4411 SUPPLIESOFFICE SUPPLIES 4481 SUPPLIESEDUCATION/RECREATIONAL 4491 SUPPLIESINVENTORY EXEMPT TOTAL OTHER OPERATING COSTS
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BUDGET AMOUNT $ $ $ $

LINE ITEM# 4592 4612 4621 4632 4642 4652 4662 4671 4681 4692

LINE ITEM NAME PRINTING & PHOTOGRAPHIC POSTAGE & MAIL BOND PREMIUMS UTILITIES RENT OF LAND & BUILDINGS RENT OF EQUIPMENT TELECOMMUNICATIONS SUBSCRIPTIONS & DUES EMPLOYEE TRAINING ADVERTISING TOTAL

BUDGET AMOUNT $ $ $ $ $ $ $ $ $ $ $ BUDGET AMOUNT $ $ $ BUDGET AMOUNT $ $ $ $

OTHER COSTS CATEGORY LINE ITEM# LINE ITEM NAME 4711 ADMINISTRATIVE OVERHEAD 4791 MISCELLANEOUS OTHER EXPENSES TOTAL CAPITAL OUTLAY CATEGORY LINE ITEM# LINE ITEM NAME 4821 FURNITURE & FIXTURES 4831 INFORMATION TECHNOLOGY EQUIPMENT 4841 OTHER EQUIPMENT TOTAL OUT-OF-STATE TRAVEL CATEGORY LINE ITEM# LINE ITEM NAME 4961 OUT-OF-STATE MILEAGE AND FARES 4971 OUT-OF-STATE MEALS AND LODGING 4981 BOARD OUT-OF-STATE MILEAGE/FARES 4991 BOARD OUT-OF-STATE MEALS/LODGING TOTAL GRAND TOTAL

BUDGET AMOUNT $ $ $ $ $ $

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FORM F LINE ITEM BUDGET INSTRUCTIONS FOR COMMUNITY PROGRAMS

General: Form F is a line item budget which breaks down the funding being requested from CYFD for the contract year. Form F, Listing of Line Item Budget Codes, defines each individual code. Unallowable costs include, but are not limited to: the purchase or lease of land; the purchase of vehicles; the purchase of buildings and structures; and major remodeling of buildings and structures. Administrative overhead may only be listed if you have a federally approved administrative overhead rate. Capital outlay over $1000 must be approved by CYFD prior to purchase. Title to capital outlay purchased with funds under this RFP remains with the CYFD. Specific: There are nine category totals and one grand total. The category totals are the sums of the following: 1. Personnel Services List the totals for each of the following salary line items: full-time, part-time and temporary personnel. Include vacancies. Include only the salary to be paid by CYFD. 2. Employee Benefits Budget all employee benefits afforded by your agency to be paid by CYFD. 3. In-state Travel Instate travel may be paid to employees of the program who are traveling to perform work on behalf of the program. In-state travel will be reimbursed according to the N.M. Mileage and Per Diem Act, which include a maximum mileage rate of $.40 per mile and an instate per diem rate of $85.00, with rates designated for partial day per diem. 4. Maintenance and Repairs 5. Supplies 441.0 is intended to include expenses for expendable supplies such as paper, folders, pens and photocopying costs. 449.0 is intended to include expenses for furniture and equipment that individually cost less than $1000.00. That which is more than $1000.00 is to be budgeted under 482.0 6. Operating Costs 7. Other Costs

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8. Capital Outlay This category is to budget costs for capital outlay over $1000.00. Any capital outlay of an item with a unit cost of less than $1000.00 is captured under line item 449.0. Capital outlay must be pre-approved by the CYFD Program Manager. 9. Out-of-state travel Out-of-state travel expenses shall be reimbursed according to the rates set by the N.M. Mileage and Per Diem Act. There is no allowance for out-of-state travel using NM PreK funds.

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FORM G.1 BUDGET NARRATIVE FOR COMMUNITY PROGRAMS PROGRAM SERVICES Line Item Detail for Base Budget LINE ITEM CODE BASE REQUEST JUSTIFICATION/ DESCRIPTION

LINE ITEM DESCRIPTION

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FORM G.2 BUDGET NARRATIVE FOR COMMUNITY PROGRAMS TRANSPORTATION Line Item Detail for Base Budget LINE ITEM CODE BASE REQUEST JUSTIFICATION/ DESCRIPTION

LINE ITEM DESCRIPTION

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FORM G.1 AND G.2 BUDGET NARRATIVE INSTRUCTIONS FOR COMMUNITY PROGRAMS GENERAL: Form B is a budget narrative which will describe in detail the line item expenditures requested in Form B to support the proposed project funding. SPECIFIC: Line Item Code - Enter the appropriate three-digit expenditure code. Line Item Description - Enter the appropriate budget amount requested. Base Request - Enter the appropriate budget amount requested. Justification/Description - Provide a detailed narrative that supports the requested amount. Note: Total each expenditure category to equal funding request total.

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FORM H ADDITIONAL REVENUE SOURCES TO SUPPLEMENT THE HALF-DAY PREK PROGRAM The purpose of this form is to provide the opportunity to document support in the form of actual and projected additional revenue sources, including other local, state, federal and grant funds, as well as in-kind services. Revenue items include, but are not limited to, goods, and services such as rent, equipment, supplies and volunteer time. LIST ONLY THOSE REVENUES RELEVANT TO SUPPLEMENTING THE PROPOSED HALF-DAY PROGRAM and provide an explanation of the contribution. For volunteer time, estimate the cost of paying for the service.

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FORM H.1 ADDITIONAL REVENUE SOURCES to SUPPLEMENT THE HALF-DAY PreK PROGRAM NOTE: This form may be expanded to provide details under the main categories. CATEGORY Personnel Services Employee Benefits In-State Travel Maintenance and Repairs Supplies Operating Costs Other Costs Capital Outlay LINE ITEM DESCRIPTION FUNDING SOURCE AMOUNT

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FORM H.2 ADDITIONAL REVENUE SOURCES TO EXTEND/EXPAND THE HALF-DAY PREK PROGRAM The purpose of this form is to provide the opportunity to document support in the form of actual and projected additional revenue sources, including other local, state, federal and grant funds, as well as in-kind services. Revenue items include, but are not limited to, goods and services such as rent, equipment, supplies and volunteer time. LIST ONLY THOSE REVENUES RELEVANT TO EXTEND/EXPAND THE HOURS OF THE PROPOSED HALF-DAY PROGRAM and provide an explanation of the contribution. For volunteer time, estimate the cost for paying for the service.

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FORM H.2 ADDITIONAL REVENUE SOURCES to EXTEND/EXPAND THE HALF-DAY PreK PROGRAM NOTE: This form may be expanded to provide details under the main categories. CATEGORY Personnel Services Employee Benefits In-State Travel Maintenance and Repairs Supplies Operating Costs Other Costs Capital Outlay LINE ITEM DESCRPTION FUNDING SOURCE AMOUNT

FORM I
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BOARD OF DIRECTORS ROSTER FOR COMMUNITY PROGRAMS BOARD POSITION AND/OR COMMITTEE

BOARD MEMBER

ETHNIC GROUP

WORK ADDRESS

OFFICE TERM

PHONE

ETHNIC GROUP CODES C- Caucasian H-Hispanic B-Black I-American Indian A-Asian

PHONE W-Work H-Home

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FORM J STAFF QUALIFICATIONS AND PERSONNEL COSTS SUMMARY FOR COMMUNITY PROGRAMS 1. Staff Name/Title (If Known) 2. Education and Training PED License(s)Held/ Level 3. Experience (Note # Years) in Field 4. PreK Work Hours Per Week 5. Total Gross Salary (All Sources) 6. CYFDs Share of Salary 7. Courses Taken within Last 2 Years

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FORM J INSTRUCTIONS FOR STAFF QUALIFICATIONS AND PERSONNEL COSTS SUMMARY FOR COMMUNITY PROGRAMS This form provides a summary of the job titles, qualifications and costs of all staff members employed to provide the proposed services. Follow the instructions below carefully. 1. Position Title Indicate the staff name and associated position title for each position for which you are requesting funds. Include programmatic and administrative staff. If position is vacant at the time of the proposal submission, please indicate this in place of the name and title.. 2. Education and Training Indicate the highest level of education achieved by the staff person named in Item 1 above (high school, AA degree, BA degree). You may also include licensures, certifications or applicable training. Indicate the PED License(s)/Level for each position 3. Experience Indicate the applicable job experience of the staff person named in Item 1 above. Please indicate the number of years for each job experience.
4.

PreK Work Hours Per Week Indicate the number of hours per week that the associated staff person works/will work for the proposed program. If the position is vacant, indicate the proposed number of hours the staff person will be working per week.

5. Proposed Gross Salary and Benefits Indicate the total gross salary (paid by all funding sources) of the staff person named in Item 1 above. If position is vacant, indicate the proposed salary of the position. 6. CYFD Share of Salary and Benefits Indicate the portion of the total salary to be paid by CYFD for the staff person named in Item 1 above. If position is vacant, indicate the proposed (CYFD) share of the salary for the position.

FORM K
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CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public officials employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: Applicable public official means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. Campaign Contribution means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that officials behalf for the purpose of electing the official to statewide or local office. Campaign Contribution includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. Family member means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor. Pendency of the procurement process means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. Prospective contractor means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract. Representative of a prospective contractor means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name(s) of Applicable Public Official(s) if any:_________________________
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(Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: __________________________________________

Relation to Prospective Contractor:__________________________________________ Date Contribution(s) Made: __________________________________________ __________________________________________ Amount(s) of Contribution(s) Nature of Contribution(s) Purpose of Contribution(s) (Attach extra pages if necessary) ___________________________ _______________________ Signature Date ___________________________ Title (position) --OR __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative.
______________________________ Signature ______________________________ Title (Position) _______________________ Date

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New Mexico FY11 Pre-K Priority Table

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Introduction New Mexico has joined more than 36 states to become part of a movement toward standardsbased early childhood education. Nation-wide, standards are used to describe desired results, outcomes, or learning expectations for children below kindergarten age. In addition, standards are used to describe desired qualifications for personnel and facilities where early learning takes place. According to a joint position statement of the National Association for the Education of Young Children (NAEYC) and the National Association of Early Children Specialists in State Departments of Education (NAECS/SKE) there are four essential features in the design of standards: 1. significant, developmentally appropriate content and outcomes; 2. informed and inclusive processes are used in the development and review; 3. ethical and appropriate implementation and assessment strategies and; 4. strong supports for early childhood programs, professionals, and families. Essential feature number one -- significant, developmentally appropriate content and outcomes are embodied in New Mexicos PreK Learning Outcomes paired with the New Mexico PreK Curriculum. The recommended essential element number two -- informed and inclusive processes has been used in the development and review of this project. The last two elements, presented in this document, reflect features three and four. Typically called program standards, these will serve as expectations for the characteristics or quality of schools, child-care and Head Start centers, and other educational settings where children receive PreK services. According to Schumacher, Irish and Lombardi (2003), most recent Congressional policy has pointed toward setting high learning or outcome standards, which focus on what children, are expected to learn. At the federal level, little attention has been given to improving the standards for the type, intensity and quality of early childhood programs. This document attempts to do just that. Specifically, program standards are expectations that early childhood programs must meet in order to ensure conditions in which children are more likely to learn. For the purpose of this document, we use the term essential elements to frame the quality standards for programs serving young children and their families. Quality standards are associated with better early learning opportunities because they help promote the conditions conducive to the positive teacher child relationships so crucial for early development and learning (Vandell & Wolfe, 2000). As stated in New Mexicos Best Practices (1999) document, These essential elements of quality reflect current research on quality and philosophy statements of a variety of professional organizations, including but not limited to Zero to Three, the National Association for the Education of Young Children, Head Start, and the Division of Early Childhood of the Council for Exceptional Children.

Method

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This work began with ongoing information and brainstorming from the Early Childhood Interagency Action Team and representatives from New Mexico Child Development Board. In addition, the Program Standards Task Force, established during the summer of 2004, assisted in jump-starting the framework and writing the standards presented here. As these New Mexico standards were being developed and implemented, it has been imperative that our standards of quality programs: Expand upon early learning experiences Avoid pressuring children Honor the individual strengths and needs of young children Encourage young children to value the process of learning Do not pressure teachers to abandon their mission of teaching in favor of accelerated achievement goals Support early childhood teachers in their roles as professional decision makers and, Value diversity. In addition to reviewing literature on the standards movement, the existing New Mexico program standards from the five major early education systems were reviewed: child care, public school, early intervention, child development, and Head Start. Standards from other states were also reviewed. Policy statements from early childhood and special education advocacy groups informed the work as well. These included the National Association for the Education of Young Children, Division for Early Childhood (DEC) of the Council for Exceptional Children, National Center for Children in Poverty, and National Association of Early Childhood Specialists in State Departments of Education. The program standards for New Mexico proposed in this document represent the best ideas found, reworked and rewritten by the task force. Framework for the Standards The framework for the presentation of these early childhood program standards is: 1) a rationale for each essential element and 2) the standard. A rationale is an explanation of the fundamental reasons why each standard is important. It provides a connection to research in the field. A standard is a descriptive statement established by experts in a field. It is used as a model of qualitative or quantitative characteristics for assessment of existing programs and for the development of new programs.

The outline is: I. II. Family and Community Collaboration Professionalism

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III. IV. V. VI. VII.

Health, Safety and Nutrition Child Growth, Development and Learning Developmentally Appropriate Content and Learning Environment and Curriculum Implementation Assessment of Children Evaluation of Programs

Program Standards for New Mexicos PreK Program

Essential Element I: Family and Community Collaboration RATIONALE: Children live in the context of community, dependent upon the adults who touch their lives directly through relationships, and indirectly through the decisions they make
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(Gestwicki, 2004). Successful programs, according to Schorr (1997), work with families as parts of neighborhoods and communities; have a long-term, preventative orientation; and provide high quality, responsive, comprehensive services. Any institution interested in effectively serving the educational needs of young children should have teachers who hold deep understandings of child development and learning processes, use developmentally appropriate, inclusive instructional approaches, and provide comprehensive services to families and their children. STANDARDS: I-a. I-b. I-c. PreK programs collaborate to support the establishment of a seamless continuum of quality early care and education programs in the community. PreK programs collaborate to share expertise and support the early care and education infrastructure in the community. PreK programs are knowledgeable of and link with systems within communities that provide all children with access to comprehensive services that are predictive of school success. PreK staff support families in accessing and successfully using community resources. Each PreK program has a family-centered philosophy that guides all aspects of program planning and implementation. For example, PreK programs solicit input from families on a continuing basis and are responsive to cultural, linguistic and other family characteristics. PreK program staff and families collaborate to ensure smooth transitions for children as they move between settings, between levels or grades, or from program to program. PreK program staff and administration are culturally and linguistically responsive. For example, the diversity of staff is consistent with the cultural diversity of the community and the families the program serves.

I-d.

I-e.

I-f.

Essential Element II: Professionalism RATIONALE: The professional training and formal education of teachers is linked to higher quality teacher-child interactions. A strong connection has been found between the number of years of formal early childhood teacher education and program quality (Bowman, Donovan & Burns, 2001). Administrators of early childhood programs need managerial and leadership skills and knowledge specific to the education of young children and their families.

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STANDARDS: II-a. Professional staff are appropriately qualified to work with young children and families. This includes professional preparation, training, and experience. For example, PreK programs serving children and families who do not speak English or are English language learners have adults working in the classroom that speak the language of the child and family. The lead teacher in each PreK program classroom should hold a valid New Mexico Early Childhood Teacher License: Birth through Third Grade. Educational assistants should have an Associates Degree in Early Childhood Education and hold either a valid Educational Assistant License from the Public Education Department or the Associate of Early Education Certificate from the Office of Child Development, whichever is most appropriate for their place of employment. II-b. To the greatest extent possible, professional staff are compensated with salaries and benefits that are comparable with other professional positions that have similar qualifications and responsibilities. For example, PreK programs outside the public schools will make efforts to compensate teachers comparably to teachers in local public schools with comparable licensure, education and experience. Those responsible for on-site supervision of PreK programs should have early childhood knowledge and experience and ensure staff compliance with PreK program contractual obligations.

II-c.

Essential Element III: Health, Safety and Nutrition RATIONALE: All children deserve to be in healthy and safe early care and education settings. There are risk factors associated with cognitive and emotional delay in young children inadequate nutrition, environmental toxins, diminished familial interactions, trauma and abuse, and parental substance abuse (National Center for Children in Poverty, 2003). Many families need assistance in accessing health care, nutrition and social services. STANDARD:
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III-a. All local, state, and federal regulations pertaining to health, safety, and nutrition for young children in out-of-home care are met, including but not limited to buildings and grounds, equipment, sanitation, water quality, fire protection, storage and handling of food.

Essential Element IV: Child Growth, Development, and Learning RATIONALE: Research has repeatedly demonstrated that the cognitive and social development of young children is strongly influenced by the quality of interaction and relationship between a teacher and child. A teacher can provide more warmth and responsive attention with a small group size and lower staff-child ratio (NAEYC, National Health and Safety Performance Standards). STANDARDS: IV-a. Each program implements research-based early childhood education practice based upon child, family, and community needs at no cost to the child or parents. Because
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all New Mexico communities are unique, providers are encouraged to establish programs that best meet the needs of children and families in their particular community. IV-b. Each program builds upon the child-adult relationship and promotes childrens growth, development and learning. IV-c. Program staff understands and commit to practices that build on each childs culture, language, experiences and abilities. Diversity is reflected in the physical environment, the social/emotional environment, interpersonal relationships, personnel selection, and strategies, which support learning. IV-d. All classrooms provide inclusive settings for children with developmental delays and disabilities. Ancillary services (e.g. Occupational, Speech/Language, and/or Physical Therapy) are integrated within regular program activities and routines to the maximum extent appropriate to the child. Depending on the group of children served and the nature and severity of the disabilities of children who are included, the adult to child ratio (above) might need to be smaller. IV.e. Programs establish innovative methods to braid funding to establish an appropriate model of service delivery for the children and families being served. Cost-allocation methods with a clear audit trail are used to document that funds are being used to supplement and expand/extend rather than supplant.

Essential Element V: Developmentally Appropriate Content and Learning Environment and Curriculum Implementation RATIONALE: Young childrens learning is dependent on the development of language and cognitive and socio-emotional skills (Thompson & Happold, 2002). In early childhood, the development of these foundational skills lays the foundation for later learning. A developmentally appropriate setting for young children and families is positive, responsive, stimulating and supportive. The classroom climate is inclusive, accommodating and accessible to all children. Teachers facilitate the development of attitudes and behaviors that prepare children for school success including compassion, trust, creativity, self-control and perseverance. STANDARDS:
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V-a.

The physical environment and furnishings are planned to support active engagement, learning, participation and membership of all children. The atmosphere of each classroom is child-oriented, inclusive, and comfortable for all children. Learning experiences are carefully planned and flexible with selection of materials and experiences reflecting diversity, individual differences, and the unique interests and preferences of the group. Play should be utilized as the primary context for learning.

V-b.

V-c.

Essential Element VI: Assessment of Children RATIONALE: Assessment of individual development and learning is necessary for planning and implementing curriculum. Yet accurate assessment of young children is challenging because their development and learning are rapid, uneven, and embedded within specific cultural and linguistic contexts (Bredekamp & Copple, 1997). Assessment of young children relies heavily on the results of observations, descriptive data, collection of work by children, and demonstrated performance over time (NAEYC & NAECS/SDE, 1992). STANDARD: VI-a. Assessment of childrens educational needs is an ongoing process of collecting information from multiple sources using varied approaches and should be used to plan for and modify program curricula and to address specific needs of individual children.
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Essential Element VII: Evaluation and Continual Improvement of Programs RATIONALE: Systematic and comprehensive program evaluation is essential to ensure quality care and education. Program evaluation is guided by program goals, using varied, appropriate, conceptually and technically sound evidence to determine the extent to which programs meet the expected standards of quality and to examine intended as well as unintended results (NAEYC & NAECS/SDE, 2003). STANDARD: VII-a. Program sites establish specific goals and objectives within a management plan that are assessed annually. All program components are part of this self-assessment process, including staff/professional development, family satisfaction, and childrens progress using both formative and summative approaches.

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References At the starting line: Early childhood education programs in the 50 states. (2002). American Federation of Teachers Bowman, B.T., Donovan, M.S., & Burns, M.S. (Eds.). (2001). Eager to Learn: Educating our preschoolers. Washington, DC: National Academy Press. Bredekamp, S., & Copple, C. (1997). Developmentally appropriate practice in early childhood programs serving children from birth through age 8. Washington, DC: National Association for the Education of Young Children. Gronlund, Gaye & James, Marlyn (2005). Focused Observations: How to Observe Children for Assessment and Curriculum Planning. St. Paul, Minnesota; Redleaf Press. Gronlund, Gaye (2003). Focused Early Learning: A Planning Framework for Teaching Young Children. St. Paul, Minnesota: Redleaf Press. Gronlund, Gaye & Engel, Bev (2001). Focused Portfolios : A complete Assessment for the Young Child. St. Paul, Minnesota: Redleaf Press. Cost, Quality & Child Outcome Study Team (1995). Cost, Quality & Child Outcomes in Child Care Centers Public Report. Denver, CO: Economics Department, University of Colorado at Denver. 77

Howes, C. (1997). Childrens experiences in center-based child care as a function of teacher background and adult: child ratio. Merrill-Palmer Quarterly, 43(3), 404-425. Mayall, B. (1996). Children, Health and the Social Order. Buckingham: Open University Press. National Association for the Education of Young Children (NAEYC) and National Association of Early Childhood Specialists in State Departments of Education (NAECS/SDE). (2002). Early learning standards: Creating the conditions for success. National Center for Children in Poverty (2002). Early childhood poverty: A statistical profile. NY: NY. New Mexico Benchmarks and Performance Standards for 3 and 4 year olds. Schumacher, R., Irish, K. & Lombardi, J. (2003). Meeting great expectations: Integration early education program standards in child care. The Foundation for Child Development Working Paper Series. Sandall, McLean, & Smith (2000). Division for Early Childhood: Recommended practices in early intervention/early childhood special education. Missola, Montana: CEC Division of Early Childhood. Shore, R. (1997). Rethinking the Brain: New Insights into Early Development. New York: Families and Work Institute. Turner, P., Rivera, O., Dudley, M., Stile, S. Rinehart, N. (1999). A guide to best practices: Essential elements of quality. Early care, education and family support programs for children birth through age eight and their families in New Mexico. Office of Child Development: New Mexico. Vandell, D.L., & Wolfe, B. (2000). Child care quality: Does it matter and does it need to be improved? Washington, DC: U.S. Department of Health and Human Services. State Standards Reviewed Arizona Department of Education Early Childhood Education Standards. Arkansas Department of Human Services, Division of Child Care and Early Childhood Education Childhood Education Framework. Early

Childhood Care and Education Community of Oregon Essential Elements of Programs for Children: Quality Standards. Connecticut State Board of Education Preschool Curricula Goals and Benchmarks. Georgia Office of School Readiness PreK Program Content Standards. Illinois State Board of Education, Division of Early Childhood Education Early Learning Standards. Kentuckys Early Childhood Standards - Building a Foundation for School Success Louisiana Board of Elementary and Secondary Education - Standards for Programs Serving Four Year Olds. Massachusetts Department of Education Early Childhood Program Standards for Three and Four Year Olds. Mississippi Department of Education PreK Curriculum. Nebraska: Good Start, Grow Smart.

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New Jersey State Department of Education Early Childhood Education Program Expectations: Standards of Quality. New York Department of Education Universal PreK. North Carolina Partnership for Children: Smart Start. Ohio Department of Education, Office of Early Childhood Education Early Learning Content Standards. Oklahoma State Department of Education Early Childhood Programs for Four Year Olds. Vermont Department of Education Framework for Standards and Learning Opportunities. Wisconsin Model of Early Learning Standards- Think Big, Start Small.

STATE OF NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT PROFESSIONAL SERVICES CONTRACT # XXXXX THIS AGREEMENT is made and entered into by and between the State of New Mexico, Children Youth and Families, hereinafter referred to as the "Agency," and Contractor, hereinafter referred to as the "Contractor, and is effective as of the date set forth below upon which it is executed by the Department of Finance and Administration (DFA). IT IS AGREED BETWEEN THE PARTIES: 1. Scope of Work. A. The Contractor shall perform the following work outlined in the Scope of Work at Attachment 1. B. C. Services will be performed in ____________ Performance Measures. Contractor shall substantially perform the Performance Measures set forth in Attachment 1. In the event the Contractor fails to obtain the results described in
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Attachment 1, the Agency may provide written notice to the Contractor of the default and specify a reasonable period of time in which the Contractor shall advise the Agency of specific steps that it will take to achieve these results in the future and the timetable for implementation. Nothing in this subparagraph shall be construed to prevent the Agency from exercising its right pursuant to Paragraph 4 below. The receipt of the deliverables contemplated under this Agreement shall assist the Agency in obtaining its goal as set forth in CYFDs Strategic Plan (see Strategic Plan at page XX). 2. Compensation. A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed as outlined in the budget which is made part of this Agreement as Attachment 2 Budget. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed $Amount00. This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the Agency when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the DFA. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Agency finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Agency that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the agency shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein.

C.

3.

Term. THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE DFA. This Agreement shall terminate on Date, unless terminated pursuant to
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paragraph 4 (Termination), or paragraph 5 (Appropriations). In accordance with Section 13-1-150 NMSA 1978, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978. 4. Termination. A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. Except as otherwise allowed or provided under this Agreement, the Agencys sole liability upon such termination shall be to pay for acceptable work performed prior to the Contractors receipt of the notice of termination, if the Agency is the terminating party, or the Contractors sending of the notice of termination, if the Contractor is the terminating party; provided, however, that a notice of termination shall not nullify or otherwise affect either partys liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the Agency or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of state funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE STATES OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT. B. Termination Management. Immediately upon receipt by either the Agency or the Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the Agency; 2) comply with all directives issued by the Agency in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Agency shall direct for the protection, preservation, retention or transfer of all property titled to the Agency and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the Agency upon termination and shall be submitted to the agency as soon as practicable. 5. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this Agreement shall terminate immediately upon written notice being given by the Agency to the Contractor. The Agency's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. Status of Contractor.
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6.

The Contractor and its agents and employees are independent contractors performing professional services for the Agency and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 7. Assignment. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Agency. Subcontracting. The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Agency. Release. Final payment of the amounts due under this Agreement shall operate as a release of the Agency, its officers and employees, and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency. Product of Service -- Copyright. All materials developed or acquired by the Contractor under this Agreement shall become the property of the State of New Mexico and shall be delivered to the Agency no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor. Conflict of Interest; Governmental Conduct Act. The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. The Contractor certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or state employee or former state employee have been followed. Amendment. A. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories.
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8. 9.

10.

11.

12.

13.

B. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. 14. Merger. This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. Penalties for violation of law. The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Agency. Records and Financial Audit. The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreements term and effect and retain them for a period of three (3) years from the date of final payment under this
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15.

16.

17.

18.

19.

Agreement. The records shall be subject to inspection by the Agency, the Department of Finance and Administration and the State Auditor. The Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments. The Contractor agrees to comply with the requirements and regulations set forth in Attachment 3 Administrative and Fiscal Standards, unless the Contractor demonstrates in writing, with written approval from CYFD, that any specific standard is inapplicable to such Contractor. 20. Indemnification. The Contractor shall defend, indemnify and hold harmless the Agency and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Agency and the Risk Management Division of the New Mexico General Services Department by certified mail. New Mexico Employees Health Coverage. A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars. B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state. C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://insurenewmexico.state.nm.us/. 22. Employee Pay Equity Reporting Contractor agrees if it has ten (10) or more New Mexico employees OR eight (8) or more employees in the same job classification, at any time during the term of this contract, to complete and submit the PE10-249
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21.

form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. If contractor has (250) or more employees contractor must complete and submit the PE250 form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, contractor also agrees to complete and submit the PE10-249 or PE250 form, whichever is applicable, within thirty (30) days of the annual contract anniversary date of the initial submittal date or, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract, whichever comes first. Should contractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor agrees to provide the required report within ninety (90 days) of meeting or exceeding the size requirement. That submittal date shall serve as the basis for submittals required thereafter. Contractor also agrees to levy this requirement on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Contractor further agrees that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor will submit the required report, for each such subcontractor, within ninety (90 days) of that subcontractor meeting or exceeding the size requirement. Subsequent report submittals, on behalf of each such subcontractor, shall be due on the annual anniversary of the initial report submittal. Contractor shall submit the required form(s) to the State Purchasing Division of the General Services Department, and other departments as may be determined, on behalf of the applicable subcontractor(s) in accordance with the schedule contained in this paragraph. Contractor acknowledges that this subcontractor requirement applies even though contractor itself may not meet the size requirement for reporting and be required to report itself. Notwithstanding the foregoing, if this Contract was procured pursuant to a solicitation, and if Contractor has already submitted the required report accompanying their response to such solicitation, the report does not need to be re-submitted with this Agreement. 23. Invalid Term or Condition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. Enforcement of Agreement. A party's failure to require strict performance of any provision of this Agreement shall
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24.

not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights. 25. Notices. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To the Agency: To the Contractor:

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26.

Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. Background Checks. CYFD contractors that have or could have primary custody of children for at least twenty hours per week are required to comply with NMAC 8.8.3 et. seq. requiring background checks on any employee, staff, volunteer or student intern, that has direct care responsibilities or potential unsupervised physical access to clients. The contractor must submit to CYFD Background Check Unit fingerprint cards and the appropriate fee for such employees, volunteers or staff required to have background checks. CYFD Background Check Unit will conduct nationwide, state and abuse and neglect background checks on required staff or volunteers in accordance with NMAC 8.8.3 standards. A CYFD eligibility letter must be in the employee, volunteer or staff members personnel file prior to that individual having any unsupervised direct contact or unsupervised potential access to clients. Health Insurance Portability and Accountability Act of 1996. The Contractor agrees to comply with the Health Insurance Portability and Accountability Act of 1996, and the terms in Attachment 4, which is attached and incorporated by reference.

27.

28.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the DFA Contracts Review Bureau below. By: Agency By: __________________________________ Date:______________ Agencys Legal Counsel Certifying legal sufficiency Date: _______________ Contractor Date:______________

By:

The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes. ID Number: NM CRS # By: Taxation and Revenue Department This Agreement has been approved by the DFA Contracts Review Bureau: By: DFA Contracts Review Bureau Date:_______________ Date:_______________

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Attachment 1- Scope of Work

Attachment 2 Budget Contractor Name The Contractor shall be paid at the following rate: DESCRIPTION AMOUNT

TOTAL

$0.00

The total amount of the contract shall not exceed $0.00, including gross receipts tax. * Per diem and mileage, and other miscellaneous expenses, will be paid in accordance with the department of Finance and Administration (DFA) Rule 2.42.2 NMAC.

FUNDING INFORMATION:

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Attachment 3

ADMINISTRATIVE AND FISCAL STANDARDS

For Sole Proprietors (providing direct services to clients) For Non-Profit Organizations, Local Bodies of Government,
And

For-Profit Incorporated Entities

Revised June 24, 2010

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ADMINISTRATIVE STANDARDS Note: All contractors are required to adhere to all local, state and federal regulations as applicable to their operations. All contractors are required to follow audit and reporting requirements set forth in this document.
Board of Directors (as applicable) 1. 2. 3. 4. The Board shall have a written mission statement approved by the Board of Directors. The Board shall describe the purpose for which the agency provides services. The Board shall approve and review annually the written long-range plan and goals. The long-range plan and goals should describe in general terms the clients that are served and services provided. The Board shall ensure that the agency has current articles of incorporation that meet all of the legal requirements of the governmental jurisdiction in which the contractor is located. The Board shall ensure that the agency has current by laws that are filed with the appropriate local, state, or federal body. At a minimum, the agency by-laws should include: a. Membership (types, qualification, rights, duties); b. Size of Board of Directors; c. Method of selection and removal; d. Duties and responsibilities of officers; e. Committees; f. Quorums; g. Recording of minutes; h. Method for amending by-laws. The Board shall periodically review the appropriateness of its governing documents and adherence to their specifications. The Board shall ensure that the agency complies with applicable legal requirements and regulations of all governmental and legally authorized agencies under whose authorities it operates. These include, but are not limited to those regarding equal employment opportunity, workers compensation, unemployment insurance, affirmative action, safety, licensing, etc. The Board shall conduct a periodic, systematic assessment of the agencys effectiveness. Board members shall be residents of the area served by the organization and representative of the social, economic, linguistic, ethnic, and racial target population. The agency shall not employ a person related to a Board member by consanguinity or affinity within the third degree. This includes, but is not limited to, spouse, mother, father, brother, sister, grandparents, aunt, uncle, niece, nephew, first cousins, motherin-law, father-in-law, brother-in-law or sister-in-law. The Board shall hold meetings as prescribed in the by-laws but not less than four (4) times per year.

5. 6.

7. 8.

9.

10. An agenda shall be developed and followed for all Board meetings. 11. A permanent record shall be kept of all meetings Board are required in order to accurately record shall included, but not be limited to, meeting decisions reached, actions taken, and attachment signed and approved by an officer of the Board. of the Board. Minutes of the meetings of the agencys the decisions made and actions taken. These minutes date, names of members attending, topic discussed, of any documents referenced. Board minutes shall be

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12. The Board shall review and approve all aspects of the agencys operation including policy, personnel, budget, fund-raising, etc., including quarterly financial reports. 13. The Board shall determine the amount of capital outlay expenditures and capitalization policy that must receive prior approval for the Board. 14. The Board shall review and approve agency line item budgets and all subsequent budget adjustments. 15. Provisions shall exist for the orientation of new Board members to the Board. This orientation shall consist of, but not be limited to: the organizational goals and objectives, organizations operations, roles and responsibilities of Board members, and financial overview of the organizations assets and liabilities. 16. The Board shall review and approve on an annual basis the Board members and agency personnel who will have signature authority. 17. The Board shall make continual and on-going efforts to provide all Board member with training related to their participation on the Board.

Personnel
1. The agency shall have a current and dated organization chart that accurately reflects the staff structure of authority, responsibility and accountability within the agency. The organizational chart must illustrate the relationship of each position or department to all other positions or departments within the agency. The agency shall have written personnel policies and procedures approved and signed by the Boards. All policies and procedures shall be reviewed annually, and any changes, additions, deletions, etc., shall be dated and signed by the Board. Procedures must be in place that allows employees to provide input into changes in agency and personnel policies and procedures. The agency personnel policies and procedures must include, at a minimum: a. Mission of agency; b. American Disabilities Act; c. Annual Report; d. Benefits; e. Disciplinary Procedures; f. Drug Free Workplace; g. Employee Orientation and Annual Agency Training Plan; h. Equal Employment Opportunity Statement; i. Grievance Procedures; j. Hiring/Firing Policies; k. Hours of Work; l. Job Qualifications and Job Descriptions; m. Law Enforcement Records Checks; n. Leave/Holiday Policy; o. Performance Evaluation System: p. Personnel Files; q. Promotion Policies; r. Quality Assurance; s. Salary Policy and Plan; t. Termination/Resignation Procedures. The agency shall distribute a copy of all personnel policies and procedures to all new employees and make them available to all employees. The agency shall maintain current, written job descriptions and job qualifications for all positions (staff, consultants and direct service volunteers) in the agency. Each job description shall include, at a minimum:

2.

3.

4. 5.

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a. b. c. d. e. f. g. 6.

Job title; Salary range; Duties; Responsibilities of the positions; Required minimum experience; Required minimum training; Required minimum education.

The agency shall maintain a current, accurate and confidential personnel record for each paid and direct service volunteer employee. A personnel record on each employee shall contain, at a minimum; a. Job description; b. Initial application/resume; c. Documentation of reference letters; d. Result of employment investigation; e. Background checks; 1. CYFD contractors that have or could have primary custody of children for at least twenty hours per week are required to comply with NMAC 8.8.3 et. seq. requiring background checks on any employee, staff, volunteer or student intern, that has direct care responsibilities or potential unsupervised physical access to clients. The contractor must submit to CYFD Background Check Unit fingerprint cards and the appropriate fee for such employees, volunteers or staff required having background checks. CYFD Background Check Unit will conduct nationwide, state and abuse and neglect background checks on required staff or volunteers in accordance with NMAC 8.8.3 standards. A CYFD eligibility letter must be in the employee, volunteer or staff members personnel file prior to that individual having any unsupervised direct contact or unsupervised potential access to clients. f. Education/experience required; g. Wage and salary information; h. Job performance evaluation; i. Documentation/verification of all previous and ongoing training (including all component specific training and education); j. Incident reports; k. Commendations or disciplinary actions (if any); This information must be reliable, accurate and current. All employee records must be kept in a locked file to ensure confidentiality.

7.

The immediate supervisor shall conduct job performance evaluations semi-annually for all new employees and/or at least annually for all current employees. Said evaluation should document the review and results of the evaluation with the employee and be included in the personnel file. The agency shall be headed by an agency director appointed by and responsible only to the Board. The Board shall delegate to the director such authority and responsibility necessary to operate the agency. The director shall be responsible for the daily operation of the agency through decision-making, authorization of expenditures, and the implementation of policies and procedures.

8.

Physical Facilities
The physical facilities must meet all licensing requirements per classification and should be located, constructed, equipped and operated to promote the efficient and effective conduct of the contractors programs, to protect the health and safety of the persons serviced and the staff to promote the integration of those served into the community, to be accessible to persons served, staff and the community, meet the Americans with Disabilities Act (ADA) and the Drug-Free Workplace Act of 1988.

Administrative Recordkeeping

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Records and reports (including, but not limited to, fiscal, personnel, program evaluation, management information systems, governance, etc.) should guide the operations, support the assessment and improvement in quality of services, measure and communicate productivity, and reflect the contractors status. All records should be retained for a minimum of three (3) years. This would be the three prior years in addition to the current years records.

FISCAL STANDARDS
Compliance
1. The contractor shall comply with all federal and state statutes, rules and regulations. Cost principles, administrative requirements and audit requirements, applicable to federal grants shall apply to state funds. See attached Source Sheet. The contractor shall comply with all aspects of the provision of the contact, including all insurance, bonding and audit and financial reporting requirements.

2.

Insurance 1. The contractor shall obtain and maintain at all times during the term of this contract an Employee Dishonesty Policy covering the activities of the contractor in the amount of no less than 25% of the total (cumulative) dollar amount of the current CYFD contract(s). The contractor shall obtain and maintain at all times during the term of this contract a general and professional liability insurance policy issued by an insurance company licensed to do business in the State of New Mexico. The policy shall include liability insurance coverage provided in the amount of at least $100,000 for damage to or destruction of property arising out of a single occurrence; $300,000 to any person for any number of claims arising out of a single occurrence for all damages other than property damage; or $500,000 for all claims arising out of a single occurrence. The policy shall be secured by the contractor within thirty (30) days of the effective date of the current contract. The contractor shall secure and maintain adequate fire and extended hazard insurance on all property in the custody of the contractor, which is furnished or owned by the Department or in which the Department has a financial interest, within thirty (30) days of the effective date of the current agreement. The contractor is responsible to provide Workers Compensation Insurance for its employees as required by New Mexico State Law. The contractor shall name Children, Youth and Families Department as an Additional Insured with the insurance carrier of the contractors liability insurance. A copy of the contractors Certificate of Liability Insurance proving compliance with all the above insurance requirements must be available upon request.

2.

3.

4. 5.

FISCAL BOOKS OF RECORDS

The contractor must maintain the following books of record: 1. Chart of Accounts 2. 3. 4. General Ledger Cash receipts and Cash Disbursements Journals General Journal of adjusting entries, correcting entries, accrual entries, and cost allocation entries if not provided for in cash journals.

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5. 6.

Subsidiary ledgers, if applicable to the organization. Capital a. b. c. d. e. f. Outlay Inventory that includes at a minimum: Description of property; Serial number or other ID number; Date of purchase; Acquisition cost by funding source(s); Location and use of property; Disposition data including date and price, if any.

7. 8.

Payroll journals and employee earnings records. Fiscal Policy and Procedures that must include: a. Handling of cash/checks; b. Handling of voided checks; c. Authorized check signatures; d. Bank reconciliations; e. Separation of duties; f. Accounting system; g. Travel; h. Cost allocation method; i. Accounting policies for donations.

REPORTS
1. 2. 3. The contractor shall complete in full the State and Federal payroll tax forms in accordance with required time period and shall insure payroll taxes are paid within the required time frame. The contractor shall complete in full and submit the required forms of the State Department of Labor. The contractor shall submit timely program and financial reports to the funding agencies as specified in the contracts.

FINANCIAL STATEMENT
The contractor must prepare the following financial statements: 1. 2. 3. Balance Sheet or Statement of New Assets (for governmental and non-profit agencies); Statement of Revenue and Expenditures or Statement of Activities (for government not for profit agencies) ; Statement of Revenue and Expenditures Budget to Actual.

RETENTION OF RECORDS
The following are the requirements for the retention of financial records. 1. The contractor shall maintain for three (3) years, (in addition to current year records) detailed accounting and billing records which indicate the date, time, and nature of services rendered, records relating to contract services, and all operating financial documentation which shall be subject to inspection by the Department and if applicable, the State Auditor or their designee. The Department shall have a right to audit billings and related documents both before and after payment. Payments made under a contract between the contractor and the Department shall not foreclose the right

2.

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of the Department to recover excessive, illegal payments, and /or payments which are not in accordance with the contract. 3. The contractor shall maintain the funds from a contract separately in accurate financial records, books, files, and reports in accordance with generally accepted accounting principles, state and federal laws and regulation, and the requirements of the Departments as described in this Administrative and Fiscal Standards Guidance. The financial management systems established by the contractor and its Boards shall ensure it provides fiscal and budgetary controls as well as sound accounting procedures. A Schedule of Revenues & Expenditures Budget to Actual Comparison for each contract must be prepared and submitted to the Department at the same time as the annual financial audit or financial statement. The Schedule must include the original budget for the fiscal year as approved by the Board, revised budget, actual revenue and expenditures and a variance column.

4.

Audits

NOTE: Audit and financial reporting requirements are applicable to all contractors of Children, Youth and Families Department.
1. Sole proprietors providing direct services to clients receiving Department funds under $100,000.00 must submit to the Department the Sole Proprietor Business Reporting Form Schedule C. Sole Proprietor billings are subject to review by the CYFD contract and program site reviewers and must be available upon request. Audits for a contractor receiving under $100,000.00 per year in cumulative Department funds (a total of all CYFD contracts awarded to the contractor within a fiscal year) whose Board has elected to not conduct an audit must comply with the following: a) The contractor shall prepare financial statements that include a Revenue and Expenditure Budget to Actual Comparison, Balance Sheet or Statement of New Assets and Income Statement or Statement of Activities. The contractor shall disclose the method of accounting used (cash or accrual) to prepare such statements. The Revenues and Expenditures Budget to Actual Comparison statement must include the original budget for the fiscal year as approved by the Board, revised budget, actual revenue and expenditures and variance column. A cash disbursement and cash receipt journal cannot take the place of the Balance Sheet and Income Statement. These financial statements shall be submitted to the Departments Contract/Audit Unit within three (3) months of the contractors fiscal year end.

2.

3.

Audits for a contractor receiving $100,000.00 to $250,000.00 per year in cumulative Department funds (a total of all CYFD contracts awarded to the contractor with in a fiscal year) whose Board has elected to not conduct an audit must comply with the following: a) The contractor shall have an Independent Auditors Report of Agreed-Upon Procedures (AUP) to ensure compliance with contract requirements in accordance with General Accepted Accounting Practice (GAAP). The AUP report shall be submitted to the Departments Contract/Audit Unit within nine (9) months of the contractors fiscal year end.

b) The contractor shall ensure that the selected accounting firm performing the AUP report is rotated every six (6) years (or less if mandated by the State Auditor) with a minimum two-year break. The selected accounting firm shall not have provided non-auditing services within the year being reviewed. 4. Audits for a contractor receiving $250,000.00 or greater per year in cumulative Department funds (a total of all CYFD contracts awarded to the contractor with in a fiscal year):

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a)

The contractor shall have an Independent Audit Report that conforms to the General Accounting Standards (Yellow Book) as recommended by GAO. This Independent Audit Report shall be submitted to the Departments Contract/Audit Unit within nine (9) months of the contractors fiscal year end. The contractor must also submit a copy of any Management Letter Comments issued by the Independent Auditor in a separate report.

b) The contractor shall ensure that the auditor or auditing firm performing the audit report is rotated every six (6) years (or less if mandated by the State Auditor) with a minimum two year break. The selected auditor shall not have provided non-auditing services within the year being audited. 5. Audit for an contractor receiving over $500,000.00 per year in cumulative Federal funds (a total of all contracts awarded to the contractor with in a fiscal year) the contractor must receive an audit as required by the U.S. Office of Management and Budget, Circular A-133 Audits of States, Local Governments and Non-Profit Organizations. The contractor must also submit a copy of any Management Letter Comments issued by the Independent Auditor in a separate report. a) The Contractor must submit one copy of their audited financial statements within nine (9) months of their fiscal year end to the Agencys Contract/Audit Unit. The Contractor must also submit a copy of the Management Letter Comments issued by the Independent Auditor in a separate report.

b) The contractor shall ensure that the auditor or auditing firm performing the audit report is rotated every six (6) years (or less if mandated by the State Auditor) with a minimum two-year break. The selected auditor shall not have provided non-auditing services within the year being audited. 6. Financial Statements, AUP and Audits must be mailed to: Children, Youth and Families Department Contract/Audit Unit P.O. Box 5160 Santa Fe, NM 87502

SOURCE SHEET

ADMINISTRATIVE REQUIREMENTS Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; also known as the Common Rule.
OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.

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Cost Principles
OMB Circular A-87, Cost Principles for State and Local Governments. OMB Circular A-122, Cost Principles for Non-Profit Organizations. FASB and AICPA Statements and Professional Pronouncements.

AUDITS
OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations. OMB Compliance Supplement for Audits of States, Local Governments and Non-Profit Organizations. U.S. General Accounting Office, Government Auditing Standards, (The Yellow Book, current revision) FASB and AICPA Statements and Professional Pronouncements.

Attachment 4 Business Associate Agreement This is a business associate agreement in compliance with 45 CFR Section 160.504(e)(2) of the HIPAA privacy rule. Contractor understands that it may be considered a business associate of the Department under the HIPAA Privacy and Security Rules. Accordingly, the parties agree: The disclosures the Department will make to Contractor of any information that identifies an individual and includes information about the individuals health (protected health information), whether in electronic or physical form, shall be limited to the minimum reasonably necessary for Contractors delivery of services described in the Scope of Agreement to which the parties have agreed to in the Contract. Any disclosures by Contractor of the individuals protected health information inconsistent with this agreement are strictly prohibited and shall be cause for termination of the Contract. Contractor shall take all reasonable steps to avoid such disclosures, including but not limited to implementation of all practical administrative, physical and technical safeguards. After the expiration of this Contract, whether because a party has cancelled it, it is fully
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executed or for any other cause, Contractor shall return all documents containing the individuals protected health information to the Department. Contractor also agrees that it shall take reasonable affirmative precautions to avoid any unauthorized disclosures of protected health information to third parties. Contractor understands it is responsible for reporting unauthorized disclosures, including but not limited to electronic security violations, to the Departments privacy office or the federal Office of Civil Rights. Contractor also understands it is responsible for reporting any other disclosure for purposes other than treatment, payment or operations to the Departments privacy office. Contractor agrees to bind their agents and subcontractors to the terms of this agreement. Contractor understands an individual has the right to inspect and request changes to the protected health information the parties use or create and that an appropriate privacy officer or the federal Office of Civil Rights has the authority to inspect the parties procedures for management of the individuals protected health information.

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