DMH 00000000011-2 SL.pdf

Buyer: Cassandra Witherbee, Procurement Specialist Telephone: (573) 751-5735 E-Mail: Cassandra.Witherbee@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: Department of Mental Health Purchasing and General Services 1706 E. Elm St/P.O. Box 687 Jefferson City, Missouri 65102-0687

Bids must be received no later than: 2:00 pm (CDT), September 30, 2025

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.

The authorized signer of this document certifies that the Contractor named below and each of its principals (as defined by 45 CFR 76) are not suspended or debarred by the federal government.

Legal Name of Supplier Authorized Signature for the Supplier Date

Supplier’s Address City, State, Zip MissouriBUYS Supplier ID#

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

Corporation Individual State/Local Government

Partnership Sole Proprietor IRS Tax-Exempt 501(c)

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

STATE OF MISSOURI

DEPARTMENT OF MENTAL HEALTH

INVITATION FOR BID (IFB)#

DMH 00000000011SL-2

Issue Date: September 5, 2025 Title: Communication Coordinator Contract Period:

Date of Award through One year 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

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 bid.

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

a) The Supplier and the Supplier’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Inappropriate contacts to other personnel are grounds for suspension and/or exclusion from specific procurements. Suppliers and their agents who have questions regarding this matter should contact the buyer.

1) The Supplier may contact the Office of Equal Opportunity (OEO) regarding Minority Business Enterprise/Women

Business Enterprise (MBE/WBE) certification or subcontracting.

b) Upon the Department’s consideration of questions and issues and if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB addendums; absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB addendum. All Suppliers will be advised of any change to the IFB’s language, specifications, or requirements by a formal addendum to the IFB.

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 bid process, all Suppliers will be advised, via the issuance of an addendum to the IFB, of any relevant or pertinent information related to the procurement. Therefore, Suppliers are advised that unless specified elsewhere in the IFB, any questions received less than five calendar days prior to the IFB end date may not be answered.

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 Requirements and Subrecipient Requirements

Attachment #1: Proposed Methodology, Approach, and Work Plan

Attachment #2: Leadership Team Qualifications –Biographies

Attachment #3: Evaluation Criteria for Technical Proposal

Exhibit #1 Affidavit of Work Authorization, E-Verify

Exhibit #2 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

Exhibit #3 Anti-Discrimination Against Israel Act Certification

Exhibit #4 Vendor No Tax Due Certification

Exhibit #5 Secretary of State Business Registration

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

Communications Coordinator Services for the Department of Mental Health (referred to hereinafter as the Department) on behalf of the Missouri Developmental Disability Council (MODDC) in accordance with the requirements and provisions stated herein.

1.2 Background and Historical Usage Information

1.2.1 The Missouri Developmental Disabilities Council (MODDC) is a federally funded, 25-member, consumer-driven council appointed by the Governor. Its mandate under P.L. 106-402, the Developmental Disabilities

Assistance and Bill of Rights Act, is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integrating in all aspects of community life.

1.2.2 MODDC is seeking a lead communications coordinator to craft content, grow engagement, and boost visibility across Facebook, X (Twitter), Instagram, YouTube, and LinkedIn. In this dynamic role, they’ll shape the MODDC’s brand through strategic planning, trendspotting, and data-driven content. They’ll also contribute to broader communications efforts by helping develop news releases, speeches, newsletters, provide stellar graphic design and marketing to elevate our brand. We’re looking for someone who can bring ideas to life and turn followers into advocates.

1.2.3 Although an attempt has been made to provide accurate and up-to-date information, the Department does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this Invitation for Bid.

1.3 Terminology/Definitions

1.3.1 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) CONTRACTOR COMPLIANCE REQUIREMENTS

2.1.1 The Contractor shall provide services in accordance with the provisions and requirements stated herein, to the sole satisfaction of the Department. Services purchased by the Department shall consist only of those services described herein.

2.1.2 The Contractor shall provide the services on an as needed, if needed basis. The Department does not guarantee any usage of the contract whatsoever.

2.1.3 Unless otherwise specified herein, the Contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

2.2 Contract Period - The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The Department shall have the right, at its sole option, to renew the contract for three additional one-year periods, or any portion thereof. In the event the Department exercises such right, all terms and conditions, requirements, and specifications of the contract, including prices, shall remain the same and apply during renewal periods.

2.3 Renewal Periods - If the option for renewal is exercised by the Department, the Contractor shall agree that the prices for the renewal period shall not exceed the maximum price of increase for the applicable renewal period stated on the Pricing Page of the contract.

a) If renewal prices are not provided, then prices during renewal periods shall be the same as during the original contract period.

b) In addition, the Contractor shall understand and agree that renewal period price increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the Contractor, the contract may be terminated, and a new procurement process may be conducted. The Contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the

Contractor’s pricing for the renewal periods. If such action is necessary and the Contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

2.4 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.

2.5 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.

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

2.6 Confidentiality

2.6.1 The Contractor understands and agrees that 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 and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the Department.

2.6.2 If required by the Department, the Contractor and any required Contractor personnel must sign specific documents regarding confidentiality, security, or other similar documents upon request. Failure of the

Contractor and any required personnel to sign such documents shall be considered a breach of contract and subject to the cancellation provisions of this document.

2.7 Property of State - All documents, data, reports, 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.

Upon expiration, termination, or cancellation of the contract, said items shall become the property of the

State of Missouri.

2.8 Federal Funds Requirements - 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 C or other requirements identified by the federal government.

2.8.1 The Contractor must comply with the Office of Management and Budget’s (OMB) implementation of section

889(b) of the National Defense Authorization Act (NDAA) of Fiscal Year 2019, Pub. L. No. 115—232, for grants and loans through the updates to section 200.216 of Title 2 of the Code of Federal Regulations (2

CFR) relating to prohibitions on the purchase of certain telecommunication and video surveillance equipment and services from specified entities.

2.9 Business Associate Agreement

2.9.1 The Department is subject to and must comply with provisions of the Health Insurance Portability and

Accountability Act of 1996 (HIPAA) and all regulations promulgated pursuant to authority granted therein.

2.9.2 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, and the Contractor shall comply with the provisions of the Business

Associate Agreement attached hereto as Attachment A.

2.10 Sub-contractors

2.10.1 The Contractor may subcontract for the services/products required herein with prior written approval from the Department.

2.10.2 The Contractor understands and agrees that utilization of a sub-contractor shall in no way relieve the

Contractor of the responsibility for providing the services required herein.

2.10.3 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 State of Missouri and to ensure that 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 State of Missouri and the

Contractor.

2.10.4 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.

2.10.5 The Contractor shall understand and agree that utilization of a sub-contractor 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.

2.10.6 Pursuant to subsection 1 of section 285.530, RSMo, no Contractor or sub-contractor 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 sub-contractor of any tier shall not be liable when such Contractor or sub-contractor contracts with its direct sub-contractor who violates subsection 1 of section 285.530, RSMo, if the contract binding the Contractor and sub-contractor affirmatively states that:

a) The direct sub-contractor is not knowingly in violation of subsection 1 of section 285.530, RSMo, and

b) Shall not henceforth be in such violation, and

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

2.11 Contractor’s Personnel - 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.

2.12 Non-Discrimination and Affirmative Action

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

2.13 Americans with Disabilities Act

2.13.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the

Contractor and all sub-contractors 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

2.14 Business Compliance Requirements

2.14.1 Authorized Personnel/E-Verify

2.14.2 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.

2.13.2 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.

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

2.14.5 Debarment Certification - The Contractor must complete and submit Exhibit #2, Certification Regarding

Debarment, prior to award of contract, certifying that the Contractor, nor or any of its principals, are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under federal assistance programs.

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.

2.14.6 Anti-Discrimination Against Israel Act Contractor Requirements

2.14.7 If the Contractor meets the definition of a company as defined in section 34.600, RSMo, and has 10 or more employees, 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.

2.14.8 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.

2.14.9 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 sub-contractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting agreement award. The compliance to conduct business in the state shall include, but not necessarily be limited to:

a) Registration of business name (if applicable) with the Secretary of State at: Missouri Secretary of State, Starting a Business.

b) Certificate of authority to transact business (if applicable)

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

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

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

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

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

2.14.10 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 be properly registered with the Missouri Secretary of State or identify how the Contractor’s business is exempt from registering with the Missouri Secretary of State.

http://sos.mo.gov/business/startBusiness.asp http://sos.mo.gov/business/startBusiness.asp http://business.mo.gov/

3) SPECIFIC PERFORMANCE REQUIREMENTS

3.1 Contractor Requirements

3.1.1 The Contractor shall fully coordinate all contract activities with those activities of the Department and

MODDC.

3.1.2 The Contractor shall work collaboratively with the MODDC to coordinate the implementation of MODDC’s

Language Access Guidance.

3.1.3 The Contractor shall coordinate with MODDC staff to integrate public policy outbound communications into the Council’s communications calendar and support Public Policy staff in distributing its information.

3.1.4 The Contractor shall utilize data-driven content to inform MODDC’s outreach and engagement strategies.

3.1.5 The Contractor shall advise the MODDC team members and the Council on ways to improve or update the

MODDC public image.

3.1.6 The Contractor shall recommend and implement techniques to better reach the underserved and the unserved population of the State of Missouri.

3.1.7 The Contractor shall recommend and implement techniques to disseminate new products for specific projects to the underserved and the unserved areas and population of the State of Missouri.

3.1.8 The Contractor shall reach out to press outlets and influencers and build strategic partnerships to grow brand notoriety and differentiate MODDC from other disability organizations throughout Missouri.

3.1.9 The Contractor shall establish and maintain a working relationship with the media to provide relevant press releases and respond to interviews as requested.

3.1.10 The Contractor shall write accessible brochures, newsletters, and annual reports to be published in print and digital formats.

3.1.11 The Contractor shall create the following MODDC annual reports as needed:

a) The yearly review report, and

b) Survey reports as needed.

3.1.12 The Contractor shall develop and implement techniques for evaluating and improving the effectiveness of communicating and marketing practices to achieve the Council’s mission and goals.

3.1.13 The Contractor shall track data and outcomes resulting from the Council's efforts from the following:

a) MODDC social media platforms;

b) Mailchimp marketing email;

c) Listserve group email;

d) MODDC Website; and

e) Number of individuals that attend MODDC-sponsored events.

3.1.14 The Contractor shall manage and maintain the MODDC social media accounts – including community engagement and the MODDC Website.

3.1.15 The Contractor shall create branded templates for general MODDC staff and Council member use.

3.1.16 The Contractor shall create engaging content, including text, images, and videos, that enhance MODDC’s brand and reputation.

3.1.17 The Contractor shall be available for a total of 4 hours per week during MODDC business hours. A consistent schedule of those 4 hours shall be provided. MODDC staff-appointed deadlines must be met.

3.2 Contractor Experience

3.2.1 The Contractor shall have an aptitude for communicating with disability pride on topics related to the Council’s five-year state plan, including but not limited to:

a) An understanding of disability history;

b) Competitive integrated employment;

c) Progressive view of disabilities;

d) Self-determination;

e) Education; and

f) Voting.

3.2.2 The Contractor shall have, but not be limited to, the following experience:

a) Disability Rights;

b) Relationships with individuals and/or family members with disabilities;

c) Ability to make accessible content;

d) Trained in disability philosophy; and

e) As needed, public speaking-In-person and virtual.

3.2.3 The Contractor shall be versatile and have a general understanding of the nuances required in addressing various local and national shareholders, including self-advocates (aka people with disabilities), family members of people with developmental disabilities, agency professionals, policymakers, and state agencies.

3.2.4 The Contractor shall have experience in Microsoft Office, Adobe Creative Suite, Canva, and Mailchimp.

3.2.5 The Contractor shall have experience in accessible communication strategies, including alternative text, PDF tagging, etc.

3.2.6 The Contractor shall have impeccable spelling and grammar.

4) GENERAL CONTRACTUAL REQUIREMENTS

4.1 General

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

a) An original contract document; and

b) Any subsequent amendments to the contract.

4.1.2 This contract shall be construed according to the laws of the State of Missouri and shall govern the terms and conditions of the contracted services provided by the Contractor.

a) 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 the Department.

b) The contract will be read and enforced as though every provision of law and clause required by law to be inserted herein were included. If any such provision is not inserted, then upon the notification of either party, the contract will be amended to make such correction.

4.1.3 The Contractor shall comply with all local, state and federal laws and regulations related to the performance of the contract to the extent that these may be applicable.

4.1.4 The exclusive venue for any legal proceeding relating to or arising out of the contract shall be in the Circuit

Court of Cole County, Missouri.

4.1.5 This contract shall constitute an assignment by the Contractor to the State of Missouri 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 supplies and/or services purchased or procured by the Contractor in the fulfillment of the contract.

4.1.6 By signing this contract the Contractor certifies that the Contractor and each of its principals (owners, director and others as defined by 45 CFR 76) are not suspended or debarred from contracting with the federal government.

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.

b) 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.

4.1.7 The Department enters into this contract by the authority of its director. The Contractor enters into this contract individually or, if incorporated, pursuant to and by authority of its board of directors.

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

4.1.9 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 Amendment, Termination and Renewal

4.2.1 The contract shall not bind, nor purport to bind, the Department for any commitment in excess of the original contract period.

4.2.2 The Contractor understands and agrees that authorization for the Department to contract for the products/services required herein is granted each fiscal year by the Office of Administration and that authorization for additional contract periods requires the annual renewal of the authorization.

4.2.3 The Contractor understands and agrees that funding for the contract must be appropriated by the Missouri

General Assembly for each fiscal year included within the contract period. Therefore, the contract shall not be binding upon the Department for any period in which funds have not been appropriated, and the

Department shall not be liable for any costs associated with termination caused by lack of appropriations.

a) The Department reserves the right to terminate the contract, without penalty or termination costs, if such funds are not appropriated or available.

b) In the event funds are not appropriated or available for the contract, the Contractor shall not prohibit or limit the Department's right to pursue alternate contracts, as necessary, to conduct state governmental affairs.

c) The provisions of the above paragraphs shall apply to any amendment or the execution of any option to extend the contract.

4.2.4 Any change, whether by modification and/or supplementation, shall be accomplished by a formal contract amendment.

4.2.5 The Department shall have the right, at its sole option, to renew the contract. In the event the Department exercises its renewal option, all terms, conditions and provisions of the original contract and any subsequent amendments shall remain in effect and shall apply during the renewal period.

4.2.6 The Department shall have the right, at its sole option, to consolidate all or portions of related service contracts into a single contract.

4.2.7 The contract may be terminated by either party, by giving 60 days advance written notice to the other party at its principal address. The termination shall be effective 60 days from the date of notice, or the date specified in the notice.

4.2.8 Any written notice to the Contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, electronic mail, or otherwise delivered to an authorized employee of the Contractor or the Contractor's address of record.

a) The Contractor shall notify the Department within ten business days of any change to the Contractor's address of record and/or mailing address.

4.2.9 Breach: The Department may terminate the contract for breach of contract by providing the Contractor with written notice of termination.

a) The termination shall become effective on the date specified in the notice.

b) At its sole discretion, the Department may give the Contractor an opportunity to cure the breach.

c) The Department shall not be required to pay for services rendered or goods provided after the effective date of the termination of the contract.

4.2.10 Any written notice to the Contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, electronic mail, or otherwise delivered to an authorized employee of the Contractor or the Contractor's address of record.

a) The Contractor shall notify the Department within 10 business days of any change to the Contractor's address of record and/or mailing address.

4.2.11 The Contractor may meet with the Department’s Division Director or Designee to appeal the contract termination.

a) The Contractor must notify the Department’s Division Director or Designee within seven business days of the date on the termination letter. The appeal shall include the following:

1) The name of the Contractor;

2) The name and contact information of the person requesting the appeal;

3) The reasons for appealing the contract termination; and

4) Any documentation that supports the Contractor’s position

b) The meeting shall take place within seven business days from the date of the request.

c) Within seven business days of the meeting, the Division Director or Designee shall make a final determination as to whether the contract termination remains in effect. The Contractor shall be notified of this decision by regular and certified mail.

d) The decision of the Division Director or Designee shall be the final decision of the Department.

4.3 Sub-contracting

4.3.1 The Department reserves the right to approve any sub-contractor utilized by the Contractor for the services/products required herein. The Department, at its sole discretion, may require such approval prior to the utilization of any sub-contractor. In the event the Department requires prior approval to subcontract, the Contractor shall provide notification of its intent to subcontract within the timeframe specified by the

Department.

4.3.2 The utilization of a sub-contractor shall in no way relieve the Contractor of the responsibility for providing the services/products required herein.

4.3.3 Any subcontracts for the services/products described herein shall be in writing and shall include appropriate provisions and contractual obligations, including all requirements of the contract’s General

Contractual Requirements (GCRs), to ensure the successful fulfillment of all contractual obligations.

4.3.4 Any subcontracts must 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.

4.3.5 The Contractor shall be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

4.4 Personnel and Staffing

4.4.1 The Contractor understands and agrees that by signing this document, they certify the following:

a) The Contractor shall only utilize 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) and INA Section 274A.

b) If the Contractor is found to be in violation of this requirement or the applicable laws of the 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.

c) The Contractor agrees to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies.

4.4.2 The Contractor shall assume all legal and financial responsibility for taxes, FICA, employee benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold the State of Missouri, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters. The

Contractor shall authorize and direct all custodians of records of their taxes, FICA and other employee benefits to release information to the Department upon request.

4.4.3 The Contractor agrees that this contract is predicated, in part, on the utilization of the specific resources, individuals and/or personnel qualifications as identified and/or described in the Contractor's proposal/quote, when applicable, or in Department required applications and/or financial reporting tools.

a) The Contractor agrees that no personnel and/or individuals will be utilized in the performance of this contract who fail to meet specific qualifications required for services to be provided, as specified in the

Department's service catalog for such services.

b) No substitution of Contractor qualifications shall be made by the Contractor without written approval of the Department.

c) The Contractor agrees that substitutions made pursuant to this paragraph shall be equal to or better than originally proposed, offered or identified.

4.5 Conflict of Interest

4.5.1 The Contractor certifies that the Contractor has no other contractual or other relationships which create any actual or appearance of conflict of interest. During the term of the contract neither the Contractor nor any of its employees shall acquire any other contractual relationships which would create such a conflict.

4.5.2 In accordance with state and federal laws and regulations, state executive order or regulations, the

Contractor certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with their performance of the contracted services. No person having such interest shall be employed or conveyed an interest, directly or indirectly, in the contract.

4.5.3 The Contractor certifies that:

a) No State of Missouri employee assisted the Contractor in obtaining this contract or will participate in the performance of this contract if such involvement constitutes a conflict of interest;

b) No State of Missouri employee shall be compensated under this contract for duties performed in the course of his/her state employment; and

c) Before any State of Missouri employee may be involved in the performance of this contract written approval shall be obtained from the Director of the Department.

4.5.4 In the event the Contractor is a not-for-profit agency, Contractor board members must abstain from voting on any funding proposal in which they have administrative control or a monetary interest. Board members who have such an interest and participate in discussion prior to a vote must disclose such interest in a meeting of the board prior to such discussion.

4.5.5 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.

4.6 Contractor Liability

4.6.1 The Contractor shall be responsible for any and all personal injury, including death, or property damage as a result of the Contractor’s actions, or inactions, including but not limited to, misconduct, negligence, or any future negligent act, involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract.

4.6.2 In addition to the liability imposed upon the Contractor on account of personal injury, bodily injury

(including death), or property damage suffered as a result of the Contractor’s negligence, the Contractor shall pay, indemnify, save and hold harmless the State of Missouri, including its agencies, employees, and assigns, from every expense, liability, or payment arising out of such misconduct or negligent act.

4.6.3 The Contractor shall hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent or intentional act or omission committed by any sub-contractor or other person employed by or under the supervision of the Contractor under the terms of the contract.

4.7 Recordkeeping and Reporting Requirements

4.7.1 The Contractor shall maintain auditable records for all activities performed under this contract. Financial records shall conform to Generally Accepted Accounting Principles (GAAP). Such records shall reflect, at a minimum, the specific number and type of services provided. The Contractor shall submit itemized reports, records and information at the request of the Department.

4.7.2 The Contractor shall develop and provide ad hoc reports as required and requested by the Department at no additional cost to the state. The Contractor must submit the ad hoc reports electronically in an analysis-ready format specified and approved by the Department.

4.7.3 The Contractor shall allow the Department or its authorized representative to inspect and examine the

Contractor…