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LIQUIDATED DAMAGES
PROGRAM DELIVERY
| Liquidated Damages Event |
| Liquidated Damages Amount |
| Contractor fails to utilize the mandated and/or approved Evidence-Based Programming ("EBP") curricula (§A.3.1) |
| $200 per incident for each offender enrolled in the course |
| Contractor fails to facilitate a scheduled class (§A.10.a; §A.4). |
| $700 per scheduled class not delivered |
| Failure to enroll any referred individual within two (2) business days (§A.4.13). |
| $200 per individual per occurrence |
| Deviation from curriculum session length without prior approval (§A.4.11). |
| $200 per class occurrence |
| Failure to open the next closed cohort within five (5) business days (§A.4.11). |
| $200 per cohort delay |
REPORTING & DOCUMENTATION
| Liquidated Damages Event |
| Liquidated Damages Amount |
| Failure to submit Monthly Operational Summary by the 10th (§A.7.6; §A.9.3). |
| $200 per report + $50 per day after 30 days late |
| Failure to submit Weekly Attendance Rosters (§A.7.2; §A.7.5). |
| $200 per missed submission |
| Failure to enter OMS attendance within three (3) business days (§A.7.1). |
| $200 per class session |
| Failure to administer or maintain pre/post assessments (§A.7.3). |
| $200 per class cycle |
| Failure to submit Annual Report within 60 days (§A.7.7; §A.9.7). |
| $500 per occurrence |
| Failure to submit any deliverable outlined in the contract within 30 days of the due date. |
| $50 per day after 30 days late. |
TRAINING & STAFF QUALIFICATIONS
| Liquidated Damages Event |
| Liquidated Damages Amount |
| Facilitator delivers curriculum without required certification approval from the State (§A.5.1–A.5.2). |
| $500 per occurrence per facilitator |
| Failure to submit QA & Fidelity Plan within 30 days (§A.5.4). |
| $200 per day late |
| Failure to submit facilitator certification documentation timely (§A.9.6). |
| $200 per occurrence |
STAFFING & PERSONNEL
| Liquidated Damages Event |
| Liquidated Damages Amount |
| Failure to provide background check documentation (§A.5.7). |
| $500 per occurrence |
| Failure to complete the required TDOC NEO / BCPT prior to facilitation (§A.5.6). |
| $500 per facilitator per occurrence |
TECHNOLOGY REQUIREMENTS
| Liquidated Damages Event |
| Liquidated Damages Amount |
| Failure to notify the State within 24 hours of a security incident (§A.8.2(g)). |
| $500 per occurrence |
| Failure to delete recordings within the required retention period (§A.8.2(e)). |
| $200 per incident |
SECURITY & DATA PROTECTION
| Liquidated Damages Event |
| Liquidated Damages Amount |
| Failure to encrypt State Data per FIPS requirements (§E.17(a)(2)). |
| $1,000 per incident |
| Failure to provide SOC 2 Type 2 report timely (§E.17(a)(4). |
| $500 per occurrence |
| Failure to complete annual penetration testing (§E.17(a)(5). |
| $1,000 per occurrence |