6182 Contract 2019_03_05.pdf

SCHEDULE D

This Schedule is intended to list out all contractual commitments for purposes of providing Services under the Agreement.

For terms found in the RFP and related documents, where this Schedule is silent, Contractor will still be fully responsible to meet those requirements. Relevant terms below will flow-down to Staffing Suppliers.

CONTRACT TERMINATION/CANCELLATION

This Contract may be terminated or cancelled under any of the conditions included in this Section:

• Termination for Convenience

DOC may terminate the Contract at any time, without cause and without penalty, by delivering ninety (90) days written notice to the Contractor.

The Contractor may terminate by providing one hundred and ninety (90) days written notice to

DOC.

In the event of a termination for convenience, the contractor shall be entitled to receive compensation for completed or partially completed services provided under the Contract.

Compensation for partially completed services shall be no more than the number of hours of services rendered, (as determined solely by DOC), multiplied by the corresponding payment for completion of services as set forth in the Contract.

• Termination for Cause

The DOC may terminate this Contract, with cause, by notifying Contractor in writing within thirty

(30) days after the DOC becomes aware of the Contractor’s alleged noncompliance to the contract.

The notice shall include a complete description of the noncompliance. If the Contractor does not, within forty-five (45) days after its receipt of the DOC’s notice, either (1) effect a cure or (2) develop and diligently proceed with a plan to cure the noncompliance, then the DOC may terminate the Contract by providing Contractor written notice ninety (90) days in advance of the intended date of termination.

The Contractor may terminate this Contract, with cause, by notifying DOC in writing within thirty

(30) days after the Contractor becomes aware of the DOC’s alleged noncompliance to the contract.

The notice shall include a complete description of the noncompliance. If the DOC does not, within forty-five (45) days after its receipt of the Contractor’s notice, either (1) effect a cure or (2) develop and diligently proceed with a plan to cure the noncompliance, then the Contractor may terminate the Contract by providing DOC written notice ninety (90) days in advance of the intended date of termination.

• Contract Cancellation DOC reserves the right to cancel this Contract in whole or in part without penalty, and without notice, if the Contractor:

a. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;

b. Makes an assignment for the benefit of creditors;

c. Fails to maintain and keep in force all required insurance, permits and licenses as provided in this contract;

d. Fails to maintain the confidentiality of the DOC’s information that is considered to be Confidential Information; or

e. Performs in a manner that threatens the health or safety of a State employee, offender, citizen, or customer.

DOC reserves the right to cancel this Contract in whole or in part without penalty, with thirty (30) days’ written notice, if the Contractor:

a. Fails to follow the sales and use tax certification requirements of s. 77.66 of the

Wisconsin Statutes;

b. Incurs a delinquent Wisconsin tax liability;

c. Fails to submit a non-discrimination or affirmative action plan as required;

d. Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law); or

e. Becomes a state or federally debarred contractor.

HEALTH CARE STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING

Any contracted personnel proposed shall be appropriately licensed or certified to practice in the State of Wisconsin as Registered Nurses, Licensed Practical Nurses, Certified Nurse’s Aide, Medical Assistant, Medical Records Technician, Respiratory Therapists, Nurse Practitioner and Phlebotomist. Licenses and/or certifications shall be provided to the BHS Central Office prior to the first day of work. BHS will provide the winning Proposer information for items below to be completed by the contracted personnel to be hired for DOC. These forms are available in supporting documents in eSupplier.

• Confidentiality of Protected Health Information Training and Form DOC-3492, Employee Statement of Acknowledgement Regarding Protected Health Information

• BHS Security Orientation Form POC-0082

• Executive Directives and Acknowledgement Form DOC-1558 covering Fraternization, PREA, Concealed Carry and Confidentiality

• Security Background Check Form DOC-1098D to work within the facility

Candidates must meet the following requirements.

• Current CPR/AED certification

• Verification of completion of agency blood-borne pathogens training

• Verification of completion of the confidentiality of Protected Health Information training by submission of signed DOC-3492, Employee Statement of Acknowledgement Regarding Protected Health Information.

• Verification of completion of BHS Security Orientation Form POC-0082.

• Signed acknowledgement form DOC-1558 covering Fraternization, PREA, Concealed Carry and

Confidentiality.

• Completed Security background check form DOC-1098D to work within the facility.

• Resumes showing clinical experience in the areas of health care.

• Proof of current TB screening showing free of communicable disease.

• Completed OIG Excluded Parties check.

• Completed applicable Sex Offender Registry check.

INFORMATION TECHNOLOGY REQUIREMENTS

DOC’s Information Technology Environment DOC staff uses PCs running either Windows 7 or Windows 10 operating systems. Office productivity software used is either Microsoft Office 2010 or Microsoft Office 2013. The available browsers are Microsoft’s Internet Explorer v.11, Microsoft Edge and the latest version of Google’s Chrome browser.

Network connectivity, including access to the internet as well as internally hosted and managed servers is facilitated through a wide area network called the Badger Converged Network, also known as BadgerNet.

https://esupplier.wi.gov/

BadgerNet, along with internal servers used to host most DOC applications and internal storage are hosted and supported by the Division of Enterprise Technology (DET) which is part of the Department of Administration (DOA).

PAYMENT TERMS AND INVOICING

• Contractor must agree that all invoices shall reflect the contracted prices.

The DOC shall meet a statutory mandate to pay invoices within 30 days of receipt of invoice for services, whichever is later. Contractor shall provide a single itemized invoice on a weekly basis.

DOC verifies invoiced amounts are correct as per the Contract. Only properly submitted invoices will be processed for payment. Prompt payment requires contractor invoices be clear and complete in conformity with the instructions below. Invoice structure shall be mutually agreed upon, and may include, but not be limited to the following:

• Contractor name

• Remit to address

• Purchase order number

• Charges in the same format as the terms of the contract

• Itemized invoice shall include:

o Contracted personnel name and position title o Location where services provided o Dates services provided o Worked hours o Bill rate o Invoice total by contractor and Participating Agency

The original invoice may be required to be sent to: DOCDAICentralBusinessOffice@wisconsin.gov

• The Department of Health Services (DHS) has the ability to contract for nursing staff by piggybacking on the DOC contract. If DOC authorizes in scope services over and above what is specified in the contract, the agreement must be in writing and must be approved by the Contract Administrator prior to the additional services being performed. Any invoices for piggybacking will be sent to the site using the services. Additional classifications for positions contemplated by this agreement may require additional rates, which will fall under the scope of piggybacking and will be mutually agreed upon in writing.

Services requested via piggybacking will be billed directly to location and may use paper timekeeping invoice process in lieu of or until electronic timekeeping invoice process is set-up.

• When applicable, no contractual vacancy may be filled until an official State of Wisconsin Purchase Order is issued by DOC to contractor. When applicable, when there is more than one State fiscal year (July 1 through June 30) or a portion of a fiscal year in the contract period, a separate purchase order will be issued for each fiscal year in accordance with Department policy.

• DOC requires that a position be scheduled within 30 days of the request being made. If the contractor cannot provide a position within this timeframe, the contract would allow DOC to go outside of the contract to meet this request, as long as the DOC makes best efforts to suggest to the outside supplier to become a contractor supplier.

mailto:DOCDAICentralBusinessOffice@wisconsin.gov

PRIME CONTRACTOR: MINORITY BUSINESS SUPPLIERS, WOMAN-OWNED BUSINESS SUPPLIERS, AND

DISABLED VETERAN-OWNED BUSINESS SUPPLIERS

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority-owned and/or woman-owned business enterprises certified by the Wisconsin Department of Administration Minority Business Certification Program (https://wisdp.wi.gov/) should have the maximum opportunity to participate in the performance of its contracts. The contractor is strongly urged to use due diligence to further this policy by using minority-owned and/or woman-owned business enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The State of Wisconsin is also committed to the promotion of disabled veteran-owned businesses in the state's purchasing program and a goal of placing 1% of its total purchasing dollars with certified disabled veteran-owned businesses. Authority for this program is found in ss. 16.283(1) (b), (3) and 16.75(3m) (a) 1,

(b) 2, 3, (c), Wisconsin Statutes. The contracting agency is committed to the promotion of disabled veteran-owned businesses in the state's purchasing program.

The State of Wisconsin policy provides that disabled veteran-owned businesses certified by the Wisconsin Supplier Diversity Program should have the maximum opportunity to participate in the performance of its contracts. The contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority and disabled veteran-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the applicable State of Wisconsin Supplier Diversity Certification Program and their contract amount.

The Wisconsin Office of Business Development also certifies Disabled Veteran-Owned Business Certification Program and contractor should also include the identities of such businesses in their quarterly information.

Quarterly Reports shall be due fifteen (15) calendar days after the end of the quarter, 9/30, 12/31, 3/31 and 6/30. The form for submitting this information is available from the VendorNet Department of Administration Forms Page: http://vendornet.state.wi.us/vendornet/doaforms/doa- 3234%20Minority%20Business%20Quarterly%20Report.doc.

The report shall be submitted even if there is no activity.

Submit via email: DOCDMSPurchasing@wisconsin.gov

Mail: MBE Purchasing Report

PO BOX 7991

Madison, WI 53707-7991

The State reserves the right to request additional reports from the Contractor at no additional cost. Contractor shall use every effort to provide such reports in a reasonable timeframe, but no later than thirty (30) calendar days from the time the request was submitted. These reports shall be in a form approved in advance in writing by the State.

A searchable directory of certified minority or woman-owned business as well as certified disabled veteran-owned business can be accessed via this website: https://wisdp.wi.gov/search.aspx . Information about the https://wisdp.wi.gov/ http://vendornet.state.wi.us/vendornet/doaforms/doa-3234%20Minority%20Business%20Quarterly%20Report.doc http://vendornet.state.wi.us/vendornet/doaforms/doa-3234%20Minority%20Business%20Quarterly%20Report.doc mailto:DOCDMSPurchasing@wisconsin.gov https://wisdp.wi.gov/search.aspx

Wisconsin Supplier Diversity Program, including contact information, is available on Department of Administration website: https://wisdp.wi.gov/

AFFIRMATIVE ACTION

All contracts of more than Fifty Thousand Dollars ($50,000) require the submission of a written affirmative action plan or request exemption. Contractors with an annual workforce of less than fifty (50) employees are eligible for exemption. Within fifteen (15) days after the execution of the contract, the written affirmative action plan, or statement requesting exception, shall be submitted to the Department’s Contract Compliance Office. Address plan to:

AFFIRMATIVE ACTION MANAGER/ PURCHASING SERVICES

DEPARTMENT OF CORRECTIONS

3099 E WASHINGTON AVE

PO BOX 7991

MADISON WI 53707-7991

Contractors are encouraged to contact this office at, (608) 240-5571, for technical assistance on equal opportunity.

"Affirmative Action Plan" is a written document that details an affirmative action program. Key parts of an affirmative action plan are: (1) a policy statement pledging nondiscrimination and affirmative action employment, (2) internal and external dissemination of the policy, (3) assignment of key employee as the equal opportunity officer, (4) a workforce analysis that identifies job classification where representation of women, minorities and the disabled is deficient, (5) goals and timetables that are specific and measurable and that are set to correct deficiencies and to reach a balance of work force, (6) revision of all employment practices to ensure that they do not have discriminatory effects, (7) establishment of internal monitoring and reporting systems to measure progress regularly.

Failure to comply appropriately with these requirements can lead to bidder being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. Provide the requested information on the Vendor Information Sheet attached. For additional information see Section 19.0 of the Standard Terms and Conditions.

WISCONSIN SALES AND USE TAX REGISTRATION

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis.

Stats., and related statutes regarding certification for collection of sales and use tax.

If you have not established a certification for Collection of Sales and Use Tax status with the Wisconsin Department of Revenue, the DOC and any other state agency can not issue any purchase orders to your firm.

For additional information see https://www.revenue.wi.gov/html/vendlaw.html.

TOBACCO-FREE ENVIRONMENT

Property owned or leased by DOC are Tobacco-Free. Contractors are not to possess or use any tobacco product while providing services for this contract.

SECURITY, EMPLOYEE IDENTIFICATION, AND CREDENTIAL REVIEW

All Contractors’ employees, while working on DOC property, MUST wear a clearly displayed photo identification badge showing they are employees of the Contractor. Badges must be available but will not be https://wisdp.wi.gov/ https://www.revenue.wi.gov/html/vendlaw.html required to be worn when protective clothing and respiratory protection is required. Contract staff shall be properly identified with a valid Wisconsin or other State’s driver’s license before entrance into a facility.

Execution of this contract requires access/entrance into DOC secure facilities. The department requires that contractors providing services in its facilities submit and pass criminal background and license/credential checks. History of arrests and/or convictions could disqualify an individual if deemed relevant to the position, service or site. Background checks will be conducted and paid for by the facility, and records will be maintained on site, as well as copies of credentials and licenses.

Background checks are required for anyone entering a DOC facility. Non-DOC staff must submit their full name, date of birth, and state ID at least 72 hours in advance of entrance into a DOC facility. Criminal background checks must be successfully completed prior to entrance. A centralized list for all facilities will be kept and maintained by DAI.

CONFIDENTIALITY

Contractor acknowledges that some of the data and documentation it may become privy to in the performance of this Contract is of a confidential nature. The confidentiality of offender health information is protected by the federal Health Insurance Portability and Accountability Act (HIPAA) regulations (45 CFR, parts 160 & 164), federal Alcohol and Other Drug Abuse Patient Information regulations (42 CFR part 2), and by various Wisconsin laws governing the confidentiality of medical, mental health, developmental disability, and alcohol and drug information. In addition, the department considers all personally identifiable information relating to DOC employees or offenders to be confidential.

Contractor shall make all reasonable efforts to ensure that it or its employees and participating agency staff do not disseminate such confidential information without the Department’s prior permission and in a manner that complies with all applicable confidentiality laws and requirements.

Contractor and its employees and participating agency staff will not reuse, sell, or make use in any format the data researched or compiled for this Contract for any venture, profitable or not, outside this Contract.

The restrictions herein shall survive the termination of this Contract for any reason and shall continue in full force and effect and shall be binding upon the contractor or its agents, employees, successors, assigns, subcontractors, or any party claiming an interest in this Contract on behalf of or under the rights of Contractor following any termination. Contractor shall advise all Contractors’ agents, employees, successors, assigned, and subcontractors which are engaged by the State of the restrictions, present and continuing, set forth herein.

Contractor shall defend and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents, employees, successors, assigns and subcontractors regarding the confidentiality restrictions herein.

EMPLOYMENT OF CURRENT OFFENDERS AND EMPLOYMENT AND RETENTION OF INDIVIDUALS

ARRESTED, CHARGED OR CONVICTED OF CRIMINAL OFFENSES FOR PERSONNEL PROVIDING

SERVICES UNDER AGREEMENT

• Contractor shall not employ a person who is on probation, parole, extended supervision, lifetime supervision or an inmate who is supervised by Intensive Sanctions for any position where the primary duties and responsibilities involve the supervision or treatment of offenders, probationers or parolees or involve access to offenders' records or funds.

• Contractor shall implement policies and procedures to ensure that Job applicants or current employees shall be dealt with as follows:

For a job applicant who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job; and

8.9.2.2 For a current employee who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of the job or licensed activity, the employee will not be continued in that particular job;

For a job applicant who is convicted of a criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job; and

For a current employee who is convicted of a criminal offense: Where the circumstances of said conviction of a criminal or other offense that substantially relates to the circumstances of the current job or licensed activity, the employee will not be retained in that particular job; and

For a job applicant who is required to use an Ignition Interlock Device (IID): Where the circumstances of said court ordered requirement substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job; and

For a current employee who is required to use an Ignition Interlock Device (IID): Where the circumstances of said court ordered requirement substantially relate to the circumstances of a particular job or licensed activity, the employee will not be retained in that particular job.

• Nothing in this Contract prohibits the Contractor from reassigning or suspending the employee or, in the case of a conviction, terminating the employee.

• In hiring and retention decisions, Contractor may consider records of pending criminal charges and convictions when it can be demonstrated that the circumstances of the offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration elements related to the position, the offense, and the individual.

• To make determinations on substantial relationships to the circumstances of the job, Contractor shall have written policies on how the applicant for employment and the employee will be reviewed.

FRATERNIZATION

The contractor agrees to distribute to all Participating Agencies a written policy on fraternization which includes the following:

• Prohibiting the forming of improper relationships between Participating Agencies’ employees placed at DOC locations and offenders. This shall also be substantially equivalent to DOC's policy as expressed in Executive Directive 16, May 1991 - Revised January 1997, Further Revised August 2004. A copy of Executive Directive 16 may be obtained from the Contract Administrator.

• The policy shall provide for the following definitions:

a. Employee- definition shall be consistent with DOC’s definition of employee

b. Relationships

c. Offender

• A statement detailing prohibited relationships.

• The duty of a DOC employee to inform Participating Agencies’ employees of unplanned contacts with offenders.

• An exception procedure/policy and approval process to be carried out by Participating Agencies.

• Prohibiting Participating Agencies’ employees from engaging in any sexual contact or sexual intercourse with offenders under the custody and control of the Department of Corrections. The policy must be substantially equivalent to the Department of Corrections’ policy as expressed in Executive Directive 16-A, August 2006. A copy of Executive Directive 16-A may also be obtained from the Contractor Administrator.

• A provision requiring a signed standard employee statement attesting that the Participating

Agencies’ employee has read and received a copy of the DOC’s policy on fraternization. The Participating Agency will keep a copy of the statement in the employee file.

• DOC may request copies or inspect the original signed employee statements of a Participating

Agency upon request.

• Fraternization with offenders is prohibited. Nothing is to be given to offenders (e.g., food, mail, money, newspapers or magazines, etc.) without authorization and nothing is to be received from offenders for removal or transport from the institution.

ACCESS TO DOC FACILITIES

Execution of this contract requires access/entrance into DOC secure facilities. All contractor staff will be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival.

Although specific policies vary somewhat between facilities, the following will apply:

• Contraband items are prohibited. Contraband items include but are not limited to drug paraphilia and narcotics, alcoholic beverages, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives and razor knives), handcuffs and handcuff keys and any other related equipment not issued by the facility, and OC/mace.

• Contractor staff walking in may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

PRISON RAPE ELIMINATION ACT (PREA)

Contractor shall provide a copy of DOC’s Prison Rape Elimination Act (PREA) policy to all Participating Agencies in the Contractor’s provider network.

• All Participating Agency staff shall prevent, detect and respond to sexual abuse and sexual harassment in accordance with the Federal Prison Rape Elimination Act of 2003 and the DOC’s Executive Directive 72 [Sexual Abuse and Sexual Harassment in Confinement

(PREA)].

• The DOC shall provide training to the Participating Agency staff, in accordance with the type of service and level of contact they have with offenders or juveniles, on the DOC’s zero-tolerance policy as it relates to the sexual abuse and sexual harassment. The DOC shall, additionally, provide training to the Participating Agency on their responsibilities under DOC’s sexual abuse and sexual harassment prevention, detection and response policies and procedures. The Participating Agency staff shall acknowledge and certify to the DOC through signature or electronic verification that they understand the training they received. See 28 C.F.R. §§ 115.32 and 115.332.

• If the Participating Agency staff is the first to respond to an allegation of sexual abuse, the responder shall request that the alleged victim not take any actions that could destroy physical evidence, and then notify DOC security staff. See 28 C.F.R. §§ 115.64 and 115.364.

• The Participating Agency staff shall notify the DOC immediately of any knowledge, suspicion or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of DOC; any incidents of retaliation against offenders, juveniles or Participating Agency staff who reported such an incident; and/or any Participating Agency staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The Participating Agency staff shall report this information immediately to a DOC supervisory staff member who is not the subject of the allegation, unless reporting to such a person compromises the safety of the alleged victim, witness (es) and/or reporter. In those instances the Participating Agency staff shall report this information immediately via email to DOCSECOSOPREAInvestigations@wisconsin.gov and follow-up with a phone call to the DOC PREA Office at (608)240-5113. See 28 C.F.R. §§ 115.61 and 115.361.

• The Participating Agency staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R. §§ 115.61 and 115.361.

• The Participating Agency staff shall not reveal any information related to a sexual abuse or sexual harassment report to anyone other than to the DOC supervisor, investigators and designated officials. Such information shall be limited to information necessary to make treatment, investigation and other security and management decisions. Medical and mental health practitioners shall be required to report sexual abuse and to inform offenders or juveniles of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services. See 28 C.F.R. §§ 115.61 and 115.361.

• If the DOC has reason to believe that a sexual abuse or sexual harassment incident as defined by PREA has occurred or to ensure compliance with PREA standards, it shall have immediate access to the relevant Participating Agency records as defined by DOC.

• If a Participating Agency staff member is the alleged perpetrator of sexual abuse, the

Participating Agency and/or DOC shall immediately remove that individual from any position that has offender or juvenile contact within DOC-funded operations pending an investigation.

The individual may not return to any position that has offender or juvenile contact within DOC-funded operations until DOC has reviewed investigation materials and authorized return to work. A Participating Agency staff who engages in sexual abuse shall be prohibited from contact with offenders and juveniles; they shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. In the case of any other violation of DOC sexual abuse or sexual harassment policy by Participating Agency staff, DOC shall take appropriate remedial measures, and shall consider whether to prohibit the Participating Agency staff’s further contact with offenders or juveniles. See 28 C.F.R. §§

115.77 and 115.377.

CARRYING A CONCEALED WEAPON

Contractor is prohibited under Executive Directive 80, signed October 31, 2011 from possession of any weapon by Contractor's employees while providing services to DOC. Contractor will prohibit firearms/weapons in any owned, leased/rented, or available locations in which program services are provided for DOC.

mailto:DOCSECOSOPREAInvestigations@wisconsin.gov

AMERICANS WITH DISABILITY ACT

During the course of the Contract, the Contractor shall be in compliance with the facility, program and employment provisions of the Americans with Disability Act (ADA) of 1990 (P.L. 101-336), as amended by the ADA Amendments Act of 2008 (P.O. 110-325) including any regulation, title or Act amendments thereto existing now and as further amended. At any time, the Contractor may be required to demonstrate compliance to the DOC, including producing, if applicable, a facility self-survey and a program and policy self-evaluation to address compliance with the ADA, upon request from the DOC.

CONTRACTOR MAJOR STRUCTURAL CHANGE

The Contractor is required to provide the Department with a minimum of 120 days written advance notice of any planned or potential structural change (merger, buyout, acquisition, consolidation, etc.). Contract shall not be automatically assigned to the new entity (since the underlying procurement may be affected).

Required reports shall be forwarded to the Contract Administrator according to the schedule agreed upon by the parties.

THIRD-PARTY RELATIONSHIPS

The Contractor must be vendor-neutral when recruiting from Participating Agencies. For the purpose of this Contract, when filling vacancies for the DOC, the Contractor shall not intentionally give any Participating Agency an advantage or limit them to only one Participating Agency to recruit candidates.

A materials breach by the Contractor of its obligations under this section shall entitle the State, in its sole discretion, to immediately upon written notice terminate this Contract for cause.

ADVERTISING/PROMOTIONS

The Proposer shall not issue news releases, advertisements or new articles, or any information related to this Contract with the DOC, including but not limited to statistical data, offender information or programs, without prior written approval from the DOC.

OUTSIDE INQUIRIES AND PUBLIC RECORDS REQUEST

The Contractor agrees to promptly inform the Contract Administrator of any inquiry from outside entities or third parties regarding this Contract.

The Contractor must report all public requests promptly to the Contract Administrator. The Contractor agrees to comply and assist DOC with a coordinated response to public records including adhering to the timeline determined by DOC.

Contractor agrees to comply with all public records laws and procedures.

RECORDS

Contractor shall maintain such records as are required by State and Federal laws and shall comply with all applicable confidentiality laws and requirements.

Contractor shall comply with the requirement to retain all documents applicable to the Contract for a period of not less than six (6) years after the final Contract payment is made. This provision shall survive the termination, cancellation, or expiration of this Contract.

STANDARD TERMS AND CONDITIONS

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)). Failure of the successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award.

Standard Terms and Conditions (Requests for Bids/Proposals) (DOA-3054)

ST&C (DOA-3054)

Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)

ST&C for Procurements for Services (DOA-3681)

TRAINING/ORIENTATION AND EXPENSES

Job training, whether initial orientation of task specific (i.e. EMR training), that is required by DOC and authorized by the Bureau of Health Services (BHS) will be paid for by the DOC. Contractors will be allowed to bill for the provider’s time at the required training/orientation at the individual’s regular hourly rate. Travel to go to orientation that is not at the provider’s regularly assigned work location will be reimbursed at the State rates for lodging, meals, and mileage. The DOC’s policies for travel that govern the distance required to qualify for overnight lodging will be the guidelines followed. All travel must be approved, in writing (e-mail), by participating DOC training or Orientation. Mileage and other necessary travel expenses will be paid to the contractor (not the individual provider) via the invoicing process. The contractor must submit the proper supporting documentation with the invoice, including the pre-approval from BHS, in order for the invoice for travel expenses to be paid.

General job training is not reimbursable, including, but not limited to, training or continuing education required for licensure, certification, or other professional requirements.

Agency / Contractor staff will be reimbursed for the following:

• BHS New Employee Orientation (NEO)

• EMR Mandatory Trainings

• Other BHS trainings that are designated as Mandatory by BHS Management

BHS will pay for lodging if over 80 miles from the contractors main worksite. This will include as mileage, travel time, meals and lodging at the State rate, per the State of Wisconsin Pocket Travel Guide.

The process is as follows:

Agency staff must first be approved for BHS NEO or Nursing Mandatory In-Services by either their HSU Manager or Central Office. Once approved contractor will complete a 1042 for DOC approval and travel expense report.

When submitting mileage and/or meal reimbursement it must be done on an F-80190 Travel Reimbursement Request NON-State Employee for Travel Form and approved by DOC Manager. The contractor will then submit the travel expense form to their agency for billing purposes. The completed travel expense form will then be submitted to the contractor for invoicing. All expense invoices should go to the DOC mailbox at DOCDAICentralBusinessOffice@wisconsin.gov. The travel expenses should be on a separate invoice from the timesheet invoices.

https://vendornet.wi.gov/Forms.aspx https://vendornet.wi.gov/Forms.aspx

APPENDICES - see Supporting Documents

A Core Job Descriptions B Omitted C Flowchart of Position Titles D WI DOC’s Facilities and Locations