STATE OF MISSOURI Issue Date: August 28, 2026

DEPARTMENT OF MENTAL HEALTH Title: Crisis Prevention Training

INVITATION FOR BID (IFB)# Contract Period:

DMH BELLEFONTAINE 0000000009SL Date of Award through One Year

Buyer: Brenda Root, Procurement Supervisor Telephone: (314) 264-9141 E-Mail: Brenda.Root@dmh.mo.gov

SUPPLIERS ARE ENCOURAGED TO RESPOND ELECTRONICALLY THROUGH MISSOURIBUYS, POWERED BY MOVERS BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below)

Return bid to:

By Mail: Bellefontaine Habilitation Center Attn: Brenda Root/Purchasing 10695 Bellefontaine Road St. Louis, MO 63137

Bids must be received no later than: 2:00 pm (CDT), September 21, 2026

The undersigned hereby agrees to provide the services and/or items, at the prices stated pursuant to the requirements of this document and further agrees that when this document is countersigned by an authorized official of the Missouri Department of Mental Health, a binding contract shall exist between the Contractor and the Department of Mental Health.

Legal Name of Contractor Authorized Signature for the Contractor Date

Contractor’s Address City, State Zip MissouriBUYS/MOVERS ID#

Contact Person Contact Person E-Mail Address Contact Person Phone #

Corporation Individual State/Local Government Partnership Sole Proprietor IRS Tax-Exempt 501C

Notice of Award Section (State Use Only) This bid is accepted by the Department of Mental Health as follows:

Authorized Signature for the Department of Mental Health Date https://missouribuys.mo.gov/bid-board/movers https://missouribuys.mo.gov/bid-board/movers

Instructions for Submitting a Solicitation Response

The Department of Mental Health is now posting its bid solicitation documents on the new MissouriBUYS, powered by MOVERS Bid Board at: MissouriBUYS, powered by MOVERS, bid board. MissouriBUYS, powered by MOVERS, is the State of Missouri’s web-based statewide eProcurement system, which is powered by our partner, Oracle.

For all bid solicitations, Suppliers are encouraged to submit their solicitation response as an electronic response.

Suppliers may submit a hard copy to the address listed on the solicitation. The submission of electronic responses are explained in detail in the step-by-step instructions provided at: MissouriBUYS, powered by MOVERS, bid response instructions.

Notice: The Supplier is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the Supplier and their response at risk of not being accepted on time.

❖ ELECTRONIC RESPONSES: To respond electronically to a solicitation, the Supplier must first register with MissouriBUYS, powered by MOVERS by going to the supplier registration page: Self-Service Supplier Registration | MissouriBUYS Statewide eProcurement System, enter your email address and click the “Send Access Code” button to obtain an access code and complete the Supplier Registration. Once registered the Supplier should log back into MissouriBUYS, powered by MOVERS and edit their profile by selecting the organizational contacts that should receive an automated confirmation of the Supplier’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the Supplier must login to MissouriBUYS, powered by MOVERS, locate the desired solicitation on the Bid Board, and, at a minimum, the Supplier must read and accept the Original Solicitation Documents and complete pricing and any other identified requirements. In addition, the Supplier should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Suppliers should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered Supplier responds to a solicitation electronically are available on the MissouriBUYS system at: MissouriBUYS, powered by MOVERS, bid response instructions.

❖ Suppliers are encouraged to submit their entire proposal electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a Supplier may submit the exhibits, forms, pricing, etc. through mail or courier service. However, any such submission must be received prior to the solicitation’s specified end date and time. Be sure to include the solicitation number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service.

❖ In the event a registered Supplier electronically submits a solicitation response and also mails hard copy documents that are not identical, the Supplier should explain which response is valid for the state's consideration. In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest.

QUESTIONS REGARDING THE IFB

Procurement officer is Single Point of Contact for Solicitation: Suppliers and their agents (including sub-contractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the evaluation, etc., to the procurement officer indicated on the first page of this IFB.

It is preferred that questions be emailed to the procurement officer.

a) Except as noted herein, suppliers and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Suppliers can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at: Secretary of State-Code of State Regulations.

https://ewqg.fa.us8.oraclecloud.com/fscmUI/redwood/negotiation-abstracts/view/abstractlisting?prcBuId=300000005255687 https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions http://www.sos.mo.gov/adrules/csr/csr.asp

Supplier is Responsible for Asking Questions About the IFB: It is the supplier’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the supplier believes that any language, specifications, or requirements are: 1) ambiguous, 2) contradictory or arbitrary, 3) violate any state or federal law or regulation, 4) restrict or limit the requirements to a single source, or 5) restrict or limit the supplier’s ability to submit a response.

Supplier Question Deadline: Every attempt shall be made to ensure that the supplier receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all suppliers will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than 10 calendar days prior to the bid end date and time of the bid. If not received prior to 10 calendar days before the bid end date and time, the Department may not be able to fully research and consider the respective questions or issues.

Department’s Response to Supplier Questions: Upon the Department’s consideration of questions and issues, if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendments; absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB amendment. All suppliers will be advised of any change to the IFB’s language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

IFB is Department’s Only Official Position: The only official position of the Department shall be that which is contained in the IFB and any amendments thereto.

Amendments

If the Department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendments prior to the bid end date and time.

NOTE: The only official position of the Department shall be that which is contained in the IFB and any addendums thereto.

Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum documents.

If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. There are two options for accessing solicitations to submit a response, utilizing the bell icon or the supplier portal. The instruction for responding to an addendum are within the instructions of “Submit Response Online” at: MissouriBUYS, powered by MOVERS, bid response instructions. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to accept the addendum and re-submit your response.

End of Instructions for Submitting Solicitation Response

SOLICITATION ORGANIZATION

This document is divided into the following parts:

Part One: Introduction and General Information Part Two: Contractor Compliance Requirements Part Three: Specific Performance Requirements Part Four: General Contractual Requirements (GCR) Part Five: Invoicing and Payments Part Six: Bid Submission

Attachment A: Business Associate Agreement Attachment B: Proposal Submittal Checklist Attachment C: Federal Funds Requirement

Attachment #1: Pricing Page Attachment #2: Organization Experience and Past Performance Attachment #3: Leadership and Work Team Qualifications – Biographies Attachment #4: Proposed Methodology, Approach, and Work Plan Attachment #5: Evaluation Criteria for Technical Proposal

Exhibit #1: Affidavit of Work Authorization, E-Verify Exhibit #2: Federal Funding Unique Identity ID (Debarment) Exhibit #3: Anti-Discrimination Against Israel Act Certification Exhibit #4: Vendor No Tax Due Certification Exhibit #5: Secretary of State Business Registration Exhibit #6: Employee/Conflict of Interest

Attachments: The Supplier is also advised that the attachments to this document, referenced above, provides additional requirements, information, and/or instruction. It shall be the sole responsibility of the Supplier to obtain the attachments. The Supplier shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the Supplier to obtain a copy of the attachments.

The IFB is available for viewing and downloading on the MissouriBUYS, powered by MOVERS, Statewide eProcurement System. Registered Suppliers are electronically notified of those bid opportunities that match the commodity codes for which the Supplier registered in MissouriBUYS, powered by MOVERS. If a registered Supplier’s e-mail address is incorrect, the Supplier must update the e-mail address themselves on the state's MissouriBUYS, powered by MOVERS Statewide eProcurement System at: MissouriBUYS, powered by MOVERS login.

https://ewqg.login.us8.oraclecloud.com/oam/server/obrareq.cgi?encquery%3DLn65g8SWMRqOcklzWPVqJwWjCMcRx%2BE1eEYo%2BsqHWjvDfGxY61Boiod312MTvX2CLoVBXJ3ITVYbBVrQ%2Fk6LL5BMo5vPWPsdI4sYuwyQI3dav%2FPvpDv41PTfwzDBgsac47Jww9XBI38TrpOMKwe7wu9l8q2WeF6HeHfM5zkbKtFMGzzZi0AUh0zncBRHa4tF0KYA2%2BbdG1QYXI2yeSkC0zCmdsjtJWVFZKUqAZ1GYHWtkHWKxofLq1wdJ%2FZnNxeTLIt7jthNGgnucHLAvOBStxt76fuuBJMB%2F3y35Cs0cUMkDPirvx5n84XssG1HgqrJkfj%2BnjiblaWTPAWQeErXz1aeaoairvn%2B4wFQNBtLAheuDNIFkMtrVymEN4Ckn3%2FC3XIwnG7XGLjMBGdJzerzXUiGBDR8JhA2oi4QRgFB6p9dKaG0Zy1ncNn6qj6nVQBsE6XVOgUTVW4H8KtxyHdW9U%2F7vJW0342W7WXRteR4UUGWTpIpgqyhtj11UNvmnSPNu4bVuu6NDf0hyuhWs1VhkmUF6m66soVh1jIHrv5yQ4ususuGgczpPCvuAkiTuYQlChOLHk5VRPEZ%2BW6Kth0NlpriELx%2FxulGKoEd71cw5xnhKSLORjQ8dZo9RefFKnFIb9N5Xhfm1eKvq0u34uQmGnrdjpsG0y8odlkVQbvHKloagYmWQt5Y8dbILTmjLGBbfwuJXmjoPbDLym1qTSD%2F8n3WY%2FMRoIacgRm8RfjSZrfDUFD7bBmspq6nRhDB%2FCfB2NVj8EIfw0OhLg0E1h5uFnLTW96XeBWqnPP%2FOhu5Ru%2BobEIoC3881USUJILuo35vTUaa7VoLEu5JowSVvzg1Mnaj%2FQKVBvG20VgUfwo0cQmDMmKjTrvmGQVSuiS13i7i%2BCE8JnX79NilN8Bdh5g1q2fUgHwjfRLwv4U4sOuFSczAeWYsc%2Fx7bt7j32xnvWRYRqZ9R96cyHzThGVBZNUk81mez2SY8DwjPvXpQHhQZtGLY7VGjRz%2F5WfuUqbngelYegUZLlhGhz7s7LZXpgC%2F%2BthhhpNdNnhYK03POiZQxS47SVw%2BwZwmE4XahZke%2B7WsNDV6%2F%2FIjNwc%2FKWTZeD%2B8JVdVY%2Bu3Tvju5oNd5lX0YhKBgIjX98MUqIqsuZmP6nN2TGAboEJzsapIi2bo45sCjGTa3o8zKbAG0N%2Fj%2F2oDRwEdHtF44i5n7mtlIaHsIbViytgBo4%2F%2BjsMXjzOUTnpZ4Mqy2JotQ1uibkUNp9Tp%2BEP9iG%2BGCfMMnf0erw%2B4kBzWeAEOgnIfkMIN9lZr01MWu9WQA5Pj%2FqHfgxYqm78ePMtsQsmZ3XQ1lgUQLt0QpLbKrD8DQXmaxU4qU3ccK%2FEtlBMkaaFTt7t%2BWZmfmj5ON0Eq5vsb%2B0L98OJtFDwaPHCm13fCqC9h68wf%2FRzLagyrjxBasM6XVJSzAKeCNUtEF2t4J8cO1NcWiOzK54pkPYeik90ou7Wr1Y1IQZq065TOgVyJ9yJNu1y24RueWaUihQrwfGd%2BtSONajfHY1j8o1yW7bHQis7khXfn9meaCcYMPlQg3Oq9od7YEikMt%2B6je1EM%2FMi3zqzzjYUiv4%2FftqJt4WcIUD2UdmSHB2NNcwhzFUMokMZgLNQzAZzOSBeW3zW1AV0tXTicfpu6Chwjrzg8%20agentid%3DOraFusionApp_11AG%20ver%3D1%20crmethod%3D2%26cksum%3Df8442151dd952c18f6af5a2fb82de1209fb1af36&ECID-Context=1.0069OyKV5D7DWbK6yVFg6G0006oV000EZt%3BkXjE

1) INTRODUCTION AND GENERAL INFORMATION

1.1 Purpose

1.1.1 This document constitutes an invitation for competitive, sealed bids from Suppliers for the provision of Crisis Prevention Training for the Department of Mental Health (referred to hereinafter as the Department) in accordance with the requirements and provisions stated herein.

1.2 Background and Historical Usage Information

1.2.1 The Bellefontaine, South County, and St. Charles Habilitation Centers are State of Missouri, Department of Mental Health facilities for individuals with intellectual disabilities.

1.2.1 There are currently 26 staff who receive Crisis Prevention Training.

1.4 Accuracy of Background Information

1.4.1 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this IFB.

1.3 Amendments

1.3.1 If the Department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendments prior to the bid end date and time.

1.5 Terminology/Definitions

1.5.1 Whenever the following words and expressions appear in a document or any amendment thereto, the definition or meaning described below shall apply.

a) Amendment means a written, official modification to a contract.

b) Attachment applies to all forms which are included to incorporate any informational data or requirements related to the performance requirements and/or specifications.

c) Buyer means the procurement staff member of the Department of Mental Health.

d) Contact Person as referenced herein is usually the Buyer.

e) Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

f) Contractor means a person or organization who enters into a contract.

g) Department means the Missouri Department of Mental Health.

h) Exhibit applies to forms which are included with a contract to be completed and submitted with the contract.

i) May means that a certain feature, component, or action is permissible, but not required.

j) Must means that a certain feature, component, or action is a mandatory condition. Failure to provide or comply will result in a bid being considered non-responsive.

k) Pricing Pages applies to the forms on which the Contractor must state the prices applicable for the equipment, supplies, and/or services required in the contract. The pricing pages must be completed and submitted by the Contractor with the contract.

l) RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the procurement operations of the Department.

m) Shall has the same meaning as the word must.

n) Should means that a certain feature, component and/or action is desirable but not mandatory.

2) COMPLIANCES, TERMS & CONDITIONS SECTION

2.1 Applicable Laws and Regulations

2.1.1 The contract shall be construed according to the laws of the State of Missouri. The Contractor and the State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable.

However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the Contractor and Department.

2.2 Indemnification

2.2.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

2.3 Legal Proceedings

2.3.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

2.3.2 The Contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

2.3.3 The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The State may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the State.

2.4 Non-Discrimination and Affirmative Action

2.4.1 The Contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

2.5 Americans with Disabilities Act

2.5.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the Contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

2.6 Non-Appropriation of Funds

2.6.1 The Contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1

CSR 10-3.010 (1)(B).

2.7 Business Associate Agreement

2.7.1 The Department is subject to and must comply with provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) and all regulations promulgated pursuant to authority granted therein. The Contractor shall abide by a Business Associate Agreement. The Department’s current Business Associate Agreement is contained in Attachment A.

2.7.2 Unless the Contractor declares itself to be a Covered Entity as defined in HIPAA regulations, the Contractor shall be a “Business Associate” of the Department, as such term is defined in the Code of Federal Regulations (CFR) at 45 CFR 160.103

2.8 Contractor’s Personnel

2.8.1 The Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and

Immigrant Responsibility Act (IIRIRA), P.L. 104-208, 110 Stat. 3009, and INA Section 274A (8 U.S.C.

§1324a).

a) If the Contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the Contractor from doing business with the state. The state may also withhold up to 25% of the total amount due to the Contractor.

b) The Contractor shall fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

2.8.2 Pursuant to subsection 1 of section 285.530, RSMo, ‘no Contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri’. The Contractor shall adhere to 285.525 through 285.550 RSMo.

2.9 State Preferences

2.9.1 If the Contractor’s awarded bid included state preferences, the Contractor must comply with the rules applicable to those preferences including:

a) Section 34.070 and section 34.073 RSMo for Missouri business preferences;

b) Section 34.074 RSMo and 1 CSR 40-1.050 for Service-Disabled Veteran Enterprises;

c) Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops; and

d) Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.

2.10 Business Compliance Requirements

2.10.1 E-Verify Federal Work Authorization Program, Exhibit #1 - The Contractor must complete and submit a Business Entity Certification and Affidavit of Work Authorization.

a) For work performed under the contract, the Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the Contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

b) Prior to the performance of any services, a Contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the Contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the Contractor shall enroll and participate in the E-Verify program.

c) The Contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis.

2.10.2 Federal Funding Unique Identity ID, Exhibit #2 - The Contractor must not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the contract by any Federal department or agency pursuant to 2 CFR Part 180, or any other applicable law. The Contractor should provide its Unique Identity ID number and on the Exhibit #2, Federal Funding Unique Identity ID.

a) In the event the Contractor or any of its principals become suspended or debarred during the contract period, the Contractor shall immediately send written notification to the Department. The Department reserves the right to terminate the contract due to suspension or debarment of the Contractor or its principals, or failure by the Contractor to provide written notification of suspension or debarment.

2.10.3 Anti-Discrimination Against Israel Act Certification, Exhibit #3 - The Contractor must complete and submit the Anti-Discrimination Against Israel Act Certification if the Contractor meets the definition of a company as defined in section 34.600, RSMo, and has 10 or more employees.

a) The Contractor shall not engage in a boycott of goods or services from the State of Israel from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel, or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

b) If during the life of the contract, the Contractor’s business status changes according to section 34.600, RSMo, then the Contractor shall comply with, complete, and submit to the Department an updated Exhibit #3, Anti-Discrimination Against Israel Act Certification.

2.10.4 State of Missouri Tax Compliance - Exhibit #4 - In accordance with section 34.040.7 RSMo, the Contractor must be in tax compliance with the Missouri Department of Revenue. The Missouri Department of Revenue will issue a “Vendor No Tax Due” certificate if the Contractor is properly registered to collect and have properly remitted sales and/or use tax, or if the Contractor is not making retail sales in Missouri. The Contractor certifies by signing the signature page of this original document and any addendum signature page that the Contractor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting agreement award.

2.10.5 Registration of Business Name with the Missouri Secretary of State, Exhibit #5 - In accordance with section 351.572, RSMo, the Contractor must obtain a certification of authority from the Missouri Secretary of State, such certification must be either:

a) Good Standing

b) Fictitious Active, or

c) Identify how the Contractor’s business is exempt from registering with the Missouri Secretary of State.

2.10.6 General Business Compliance - The Contractor must be in compliance with the laws regarding conducting business in the State of Missouri. The Contractor certifies by signing the signature page of this original document and any amendment signature pages that the Contractor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. Likewise, the Contractor shall remain in compliance with such laws for the duration of the resulting contract. The Contractor shall provide documentation of compliance upon request by the Department. The compliance to conduct business in the state shall include, but not necessarily be limited to:

a) Taxes (e.g., city/county/state/federal);

b) State and local certifications (e.g., professions/occupations/activities);

c) Licenses and permits (e.g., city/county license, sales permits); and

d) Insurance (e.g., worker’s compensation/unemployment compensation).

2.10.7 The Contractor should refer to the Missouri Business Portal at: Missouri Business Resources for additional information.

2.11 Federal Funds Requirements

2.11.1 The Contractor shall understand and agree that the contract may involve the use of federal funds. The Contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment B or other requirements identified by the federal government.

2.11.2 If during the Contractor’s fiscal year, the Contractor expends $1,000,000 or more in federal grant funds received from the Department, the Contractor shall have an annual audit conducted in accordance with 2

CFR 200.

a) The audit shall be conducted by an individual or firm licensed by the Missouri State Board of Accountancy.

http://business.mo.gov/

b) The Contractor shall submit a copy of the audit to the Department by the due date for filing the audit with the federal clearinghouse.

c) Failure to comply with the audit requirements may result in reduction of available allocation of funds, reduction, or suspension of payments to the Contractor or cancellation of this contract between the Department and the Contractor.

2.11.3 The Contractor shall comply with applicable requirements of 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions.

2.12 Open Records

2.12.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.

2.13 Retention of Records and Documents

2.13.1 Unless specified in writing as a shorter period of time, the Contractor shall preserve and make available with no limitation all books, documents, papers, and records involving transactions related to the contract for a period of 10 years from the date of the cancellation, expiration, or termination of the contract. Records and supporting documentation under audit or involved in litigation shall be kept for two years following the conclusion of the litigation or audit. During the contract period, access to these items shall be provided through a vehicle specified by the Department. During the post contract period delivery and access to these items shall be at no cost to the Department.

3) SPECIFIC PERFORMANCE REQUIREMENTS

3.1 Contractor Requirements

3.1.1 The Contractor must provide Board Certified Behavioral Analyst to train staff, designated by the department, the competencies necessary to effectively prevent, minimize, and manage behavioral challenges. Teaching should be based on practices of Applied Behavior Analysis (ABA) using positive reinforcement principles and strategies.

3.1.2 The Contractor shall either provide the services directly or shall provide a person/personnel who must comply with the requirements stated herein. Therefore, references to “the Contractor” throughout this document shall also be deemed to include the person/personnel provided by the Contractor.

3.1.3 The Contractor must provide training at one of the three facilities, BHC or SLDDTC, at a facility, date, and time agreed upon by the Contractor and the State of Missouri.

3.1.4 Training must include, but not limited to, behavioral strategies, physical safety, vehicle safety, and peer aggression focused on de-escalation.

3.1.5 Must include strategies to encourage and reinforce positive behaviors.

3.1.6 Contractor’s Obligation: Unless otherwise specified herein, the Contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to the Crisis Prevention Training required herein.

3.2 Minimum Experience Requirements

3.2.1 The Contractor’s service must meet or exceed the following minimum experience requirements at the time of bid submission and for the duration of the contract:

a) Must have experience training staff who care for adults with intellectual and developmental disabilities.

b) Must provide a curriculum that is primarily focused on de-escalation and utilizing physical management practices as the last option.

c) The contractor’s trainers must be Board Certified Behavior Analyst (BCBA’s)

3.3 Qualifications

3.3.1 The Contractors personnel must be Board Certified Behavior Analyst experienced in providing services to facilities with intellectually disabled adults.

3.4 Stabilization and De-Escalation Procedures

3.4.1 Provide evidence-based training techniques of behavioral strategies to prevent and manage behavioral challenges.

3.5 Physical Management Procedures

3.5.1 Provide training on techniques used, must include basic procedures and procedures during a highly escalated aggressive behavior, ending with the de-escalation of the behavior event.

4) General Contractual Requirements

4.1 General

4.1.1 The Contractor shall provide services in accordance with the provisions and requirements stated herein, to the sole satisfaction of the Department.

4.1.2 The contract shall consist of any and all of the following documents, as applicable:

a) An Invitation for Bid (IFB) and any amendments, attachments and exhibits thereto;

b) The proposal or bid submitted by the Contractor in response to the IFB, as accepted by the Department;

c) An original contract document; and

d) Any subsequent amendments to the contract.

4.1.3 In the event the Contractor or any of its principals become suspended or debarred during the contract period, the Contractor shall immediately send written notification to the Department.

a) Suspension or debarment of the Contractor, or failure by the Contractor to provide written notification of suspension or debarment to the Department, may result in immediate termination of the contract.

4.1.4 The Contractor shall represent itself as an independent Contractor offering such services to the general public and shall not represent itself or its employees as employees of the Department or the State of Missouri.

4.1.5 The Contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the Department.

4.1.6 As authorized under sections 432.230 and 432.255 RSMo, the use of electronic signatures shall be permitted for contract documents. Additionally, contract documents maintained in electronic format shall be considered to be the official legal record and shall have the same force and effect as would a paper document.

4.2 Coordination - The Contractor shall coordinate all contract activities with designated representatives of the Department.

a) Within five calendar days of contract award, the Contractor shall provide the Department with the name, address, e-mail address, and telephone number of the Contractor’s representative servicing the contract.

4.3 Correspondence - Electronic mail (e-mail) will be utilized to transmit contract documents and other correspondence from the Department to the Contractor. The Contractor shall ensure the timely review and response to e-mailed documents and information.

4.3.1 The Contractor shall encrypt any electronic correspondence containing information confidential by law.

4.4 Collaboration

4.4.1 In the course of providing the services required herein, the Contractor shall collaborate with other agencies, resources, and individuals, as necessary and appropriate to effectively provide the necessary services. The Contractor shall attend and/or otherwise participate in orientation, planning, training, and other meetings with the Department, as required.

4.5 Personnel and Staffing

4.5.1 The Contractor shall assume all legal and financial responsibility for taxes, FICA, employee benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc.

4.5.2 The Department shall have final say on refusal or acceptance of any Contractor’s staff.

4.6 Background Security Clearance Report

4.6.1 Prior to providing services under the contract, the Contractor must ensure personnel (including any third-party personnel) pass standard background checks equal to those required by the State of Missouri for employees, and if required by the state to address an audit, the Contractor must attest whether all applicable employees passed background checks. The Contractor shall be responsible for all costs associated with background checks. The Department reserves the right to require the Contractor to provide evidence of employees and all subcontractors and their employees passing a background check. Link to MSHP Criminal Record Check website: Missouri State Highway Patrol, Criminal Record Check. The standard background check shall be a nationwide fingerprint check through Missouri State Highway Patrol completed at a frequency determined by the state.

4.6.2 The Department shall have the right to request annual background checks on any Contractor that has worked for the Department greater than 12 months.

4.7 Conflict of Interest

4.7.1 The Contractor agrees that during the term of the contract neither the Contractor nor any of its employees or subcontractors shall acquire any other contractual relationships which create any actual or perceived conflict of interest.

4.8 Contractor Liability

4.8.1 The Contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the Contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the Contractor assumes the obligation to save the State of Missouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act.

4.8.2 The Contractor also agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the Contractor under the terms of the contract.

4.8.3 The Contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the State of Missouri, including its agencies, employees, and assignees.

4.8.4 Under no circumstances shall the Contractor be liable for any of the following: 1) third party claims against the state for losses or damages (other than those listed above); 2) loss of, or damage to, the state’s records or data; or 3) economic consequential damages (including lost profits or savings) or incidental damages, even if the Contractor is informed of their possibility.

4.9 Insurance

4.9.1 The Department and the State of Missouri cannot save and hold harmless and/or indemnify the Contractor, its employees, agents, or subcontractors against any liability incurred or arising as a result of any activity of the Contractor or any activity of the Contractor’s employees related to the Contractor’s performance under the contract. Therefore, the Contractor shall acquire and maintain adequate liability insurance in the forms and amounts sufficient to protect the State of Missouri, its agencies, its employees and the general public against any loss, damage and/or expense related to his/her performance under the contract.

4.9.2 The Contractor shall maintain adequate automobile liability insurance for the operation of any motor vehicle used to provide any form of transportation service related to the services of this contract.

4.9.3 If the contract involves the performance of medical services of any type, the Contractor shall maintain adequate liability insurance to cover all medical services rendered.

http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html

4.9.4 Proof of insurance coverage shall be submitted to the Department as requested. Proof of the insurance coverage shall include, but not be limited to, effective dates of coverage, limits of liability, insurers' names, policy numbers, company, etc. Proof of self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable.

4.9.5 Notwithstanding the language in this contract set forth above, the parties recognize that certain Contractors may be entities that are sovereign political subdivisions of the State of Missouri – including but not limited to a department, board or other governmental unit of a city, county, township, etc. In that instance, the Contractor, by entering into this agreement, is not thereby waiving or limiting the rights or defenses it may have with respect to sovereign or governmental immunity, official immunity or any other legal protections applicable under federal or state law, which are afforded to that Contractor and its employees by virtue of the entity’s status as a political subdivision of the State of Missouri.

4.10 Confidentiality

4.10.1 All discussions with the Contractor and all information gained by the Contractor as a result of the Contractor’s performance under the contract shall be confidential, to the extent required by law.

4.10.2 If required by the Department, the Contractor and any required Contractor personnel shall sign specific documents regarding confidentiality, security, or other similar documents

4.10.3 The Contractor shall use appropriate administrative, physical, and technical safeguards to prevent use or disclosure of any information confidential by law that it creates, receives, maintains, or transmits on behalf of the Department. Such safeguards shall include, but not be limited to:

a) Encryption of any portable device used to access or maintain confidential information or use of equivalent safeguard;

b) Encryption of any transmission of electronic communication containing confidential information or use of equivalent safeguard;

c) Workforce training on the appropriate uses and disclosures of confidential information pursuant to the terms of the contract;

d) Policies and procedures implemented by the Contractor to prevent inappropriate uses and disclosures of confidential information by its workforce and subcontractors, if applicable; and

e) Any other safeguards necessary to prevent the inappropriate use or disclosure of confidential information.

4.11 Remedies and Rights

4.11.1 No provision in the contract shall be construed, expressly or implied, as a waiver by the Department of an existing or future contractual right and/or contractual remedy available by law in the event of any claim by the Department of the Contractor’s default or breach of contract.

4.11.2 The Contractor understands and agrees that the contract shall constitute an assignment by the Contractor to the Department of all rights, title and interest in and to all causes of action that the Contractor may have under the antitrust laws of the United States or the State of Missouri for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services purchased or procured by the Contractor in the fulfillment of the contract with the Department.

4.11.3 The Contractor understands and agrees that the Department reserves the right to consider the Contractor’s failure to perform requirements and commitments specified in the contract in future procurement evaluations.

4.12 Recordkeeping and Reporting Requirements

4.12.1 The Contractor shall allow the Department or its authorized representative to inspect and examine the Contractor's premises and/or records which relate to the performance of the contract at any time during the period of the contract and within the period specified herein for the Contractor’s retention of records.

4.12.2 The Contractor shall provide written notification to the Department when there is any change in the Contractor's licensure or certification/accreditation status, official name, address, Executive Director, or change in ownership and/or control of the Contractor’s organization.

4.12.3 Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the Contractor shall notify the Department immediately. Upon learning of any such actions, the Department reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the Contractor responsible for damages, to the extent authorized by law.

4.13 Financial Requirements

4.13.1 Moneys received by the Contractor as a result of this contract shall not be used to supplant local funds or subsidize services provided to other agencies, organizations, or individuals.

4.14 Subcontractors

4.14.1 Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the Contractor and the Department and to ensure that the Department and the State of Missouri is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the Department and the Contractor.

4.14.2 The Contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

4.14.3 The Contractor shall understand and agree that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the Contractor of the responsibility for providing the products/services as described and set forth herein.

4.14.4 Pursuant to subsection 1 of section 285.530, RSMo, no contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri. In accordance with sections 285.525 to 285.550, RSMo, a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the contractor and subcontractor affirmatively states that:

a) The direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and shall not henceforth be in such violation.

b) The Contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor’s employees are lawfully present in the United States.

4.15 Property of State

4.15.1 All records, documents, data, reports, supplies, equipment, and accomplishments prepared, furnished, or completed by the Contractor pursuant to the terms of the contract shall become the property of the State of Missouri.

a) Upon expiration, termination, or cancellation of the contract, all such items shall become the property of the State of Missouri, which shall include all rights and interests for present and future use or sale as deemed appropriate by the Department.

4.15.2 The Contractor shall further agree that no reports, documentation, or material prepared, including the programs developed as required by the contract, shall be used or marketed by the contractor or released to the public without the prior written consent of the Department.

4.15.3 If any copyrighted material is developed as a result of the contract, the Department shall have a royalty-free, nonexclusive and irrevocable right to publish, use, and/or authorize others to use, the work/materials for Department and/or State of Missouri purposes.

4.16 Contract Monitoring/Compliance

4.16.1 The Department has the right to monitor the contract throughout the effective period of the contract to ensure compliance with contractual requirements.

a) The Contractor shall cooperate with any Department review of records and other documentation related to the Contractor's performance under the contract.

4.16.2 In the event the Department determines the Contractor to be non-compliant, or at risk for non-compliance with contractual requirements, the Department shall have the right to impose special conditions or restrictions on the Contractor to bring the Contractor into compliance or to mitigate the risk of non-compliance.

a) The Department shall provide written notification to the Contractor of the determination of non-compliance or the risk of non-compliance, identifying any special conditions or restrictions to be imposed by the Department.

b) Special conditions or restrictions may include, but are not limited to:

1) Requiring the Contractor to obtain additional technical assistance;

2) Requiring additional levels of prior approval from the Department for contract activities;

3) Requiring additional or more detailed financial reports and/or other documentation;

4) Additional, ongoing contract monitoring/oversight by the Department;

5) Preventing the Contractor from adding new Department funded services, contracts, and accepting new Department referrals; and/or

6) Requiring the submission and implementation of a corrective action plan.

4.16.3 In the event the Department requires the Contractor to submit and implement a corrective action plan, the Department shall provide written notification to the Contractor, identifying the specific performance or other contractual requirements that are not being met and the expected corrective resolution.

a) The Contractor shall submit a written corrective action plan to the Department within the timeframes specified in the Department notification.

b) The corrective action plan must include the actions the Contractor proposes to take to remedy concerns, timeframes for achieving such, the person responsible for the necessary action, the improvement that is expected, a description of how progress will be measured and a description of the actions to be taken to prevent the situation from recurring.

c) Failure of the Contractor to submit a written corrective action plan to the Department within the specified timeframes may result in termination of the contract.

d) The Department will notify the Contractor in writing if the corrective action plan is approved or if modifications are required.

1) In the event the Department requires changes to the corrective action plan, the Contractor shall submit a revised corrective…