DYS RFP-Post Grad Curriculum .pdf

Post-graduate digital web-based academic coursework

Solicitation ID: SRC0000027741

DATE ISSUED: 2/6/2025

The Ohio Department of Youth Services (ODYS) is requesting Bids for:

INQUIRY PERIOD BEGINS: 2/6/2025

INQUIRY PERIOD ENDS: 2/20/2025

OPENING DATE: 2/6/2025

OPENING TIME: 3:00 PM Eastern Standard Time

Note: This Request for Proposal may result in multiple awards, Multiple awards may result from this bid. Offerors can submit proposals for multiple sites.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

I. General Instructions

II. RFP Timeframe Requirements

III. Overview of Services, Exhibit A

ATTACHMENTS

Attachment 1 Standard Terms and Conditions

PART ONE: GENERAL INSTRUCTIONS

I. GENERAL INSTRUCTIONS

STATE OF OHIO ONLINE PURCHASING SOLUTION. OhioBuys provides the primary platform for Supplier partners to engage in procurement activities with the State of Ohio. For additional information on submitting Proposals see the “Viewing and Responding to Solicitations” Learner Guide or the “Viewing and Responding to Solicitations” Supplier Training Video linked below.

Learner Guide https://procure.ohio.gov/static/pdf/S- LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG %20v2.1.pdf

Viewing and Responding to Solicitations https://www.youtube.com/watch?v=K6iE32BUMJ0&feature=youtu.be

A. Contacts

The following sections provide details on how to get more information about this RFP and how to respond to this RFP. All responses must be complete and in the prescribed format.

During the bid process – communication shall be conducted through OhioBuys. During the performance of the Contract, a Project Representative will represent ODYS and will be the primary contact for matters relating to the Contract. ODYS will designate the Contract Monitor in writing at the time the contract is awarded.

By submitting a Bid, the Offeror acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirement.

The State is not responsible for the accuracy of any information regarding this RFP that was gathered through a source different from the inquiry process described in this RFP.

B. Inquiries/Clarifications

ONLY INQUIRIES/CLARIFICATIONS WILL BE ACCEPTED BY THE FOLLOWING

METHOD.

Offerors may make inquiries or seek clarifications regarding this RFP any time during the inquiry period listed in the RFP Timeframe Requirements. To make an inquiry, Offerors must login to OhioBuys, navigate to the solicitation, open the inquiry tab and submit their inquiry.

All inquiries must be received prior to the end of the Inquiry Period listed on the cover page. The state will make every effort to post responses within 48 hours. All inquiries and responses will be posted on the website where the bid opportunity is posted.

Interested bidders will be able to access the questions and answers during the time the bid is posted.

Inquiries and or requests for clarification about a specific portion of this RFP must reference the relevant part of this RFP and include the provision heading with the RFP page number.

Offerors who attempt to seek information or clarifications verbally will be directed to reduce their questions to writing in accordance with state purchasing policy. No other form of communication is acceptable, and use of any other form of communication or https://procure.ohio.gov/static/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v2.1.pdf https://procure.ohio.gov/static/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v2.1.pdf https://procure.ohio.gov/static/pdf/S-LG.2%20Ohio%20Buys%20Viewing%20and%20Responding%20to%20Solicitations%20LG%20v2.1.pdf https://www.youtube.com/watch?v=K6iE32BUMJ0&feature=youtu.be any attempt to communicate with ODYS staff or any other agency of the State to discuss the bid may result in the bidder being deemed not responsive.

C. Bid Deadline and Requirements

Offerors are to base their Proposals, and the details and costs of their proposed Work, on the requirements and performance expectations established in this RFP for the Contract, not on details of any other potentially related contract or project. If Offerors ask questions about existing or past contracts using the Internet Q&A process, DYS will use its discretion in deciding whether to provide answers as part of this RFP process.

PROPOSAL SUBMITTAL. Each Offeror must submit a Technical Proposal and a Cost Proposal as part of its Proposal package. Proposals must be submitted as two (2) separate components (Technical Proposal and Cost Proposal) in separate electronic envelopes.

Technical Proposal: The technical Proposal includes answers to predetermined evaluation criteria specified within the RFP.

Cost Proposal: The Offeror must submit a separate cost section of its Proposal in the required format described in OhioBuys.

Offerors will not be able to submit Proposals or unsolicited Proposal amendments after the deadline requirements in the RFP. An Offeror must allow adequate time for uploading a Proposal prior to the due date and time. DYS recommends that Offerors submit Proposals as early as possible. Proposals received prior to the deadline are stored, unopened, in the electronic file.

Each Offeror must carefully review the requirements of this RFP and the contents of its Bid. Once a solicitation has closed, Proposals cannot be altered, except as allowed by this RFP.

ODYS may reject any Bid if the Offeror takes exception to the terms and conditions of this RFP, fails to comply with the procedure for participating in the RFP process, or the Bidder’s Bid fails to meet any requirement of this RFP. ODYS may also reject any Bid that it believes is not in its interests to accept and may decide not to do business with any of the potential contractors responding to this RFP.

To protect the integrity of the evaluation and award process, Bid responses will not be available for public viewing until after the contract has been officially awarded. Offerors may not contact ODYS staff, other contractors, or any other member of the State to discuss their Bid or to discuss any of the other responses to the RFP. Offerors who attempt to make such contacts may be deemed not responsive.

All Bids and other submitted material will become the property of ODYS and will not be returned. The Bidder should not include proprietary information in a Bid because ODYS maintains the right to use any materials or ideas submitted without compensation to the Bidder. Additionally, all Bids will be open to the public after ODYS awards the Contract.

ODYS will retain all Bids or a copy of them, as part of the contract file for the period of the contract and any subsequent renewals. After the retention period, ODYS may return, destroy, or otherwise dispose of the Bids and copies.

D. Waiver of Defects ODYS maintains the right to waive any defects in any Bid or in the Bidder’s submission process. ODYS will only waive immaterial defects if it believes that is in the ODYS’s interest.

E. Bid Instructions The Offeror must organize each Bid in a manner consistent with the order of this RFP and any attachments, if any.

ODYS wants clear and concise Bids. Offerors shall completely answer questions and meet all RFP requirements.

ODYS will not be liable for any costs incurred by any Offeror in responding to this RFP, even if the ODYS does not award a Contract through this process. ODYS may decide not to award a service contract. It may also cancel this RFP and contract for these services through some other process or by issuing another RFP.

Responsive: An Offeror is responsive if its bid responds to the bid specifications and requests for documents and attachments in all material respects; and, contains no irregularities or deviations from the specifications that would affect the amount of the bid or otherwise give the Offeror an unfair advantage.

Responsible: ODYS’ determination of an Offeror’s responsibility includes the following factors:

1. experience of the Offeror.

2. Offeror’s financial condition.

3. Offeror’s conduct and performance on previous contracts.

4. the Offeror’s facilities (if applicable).

5. the Offeror’s management skills.

6. the Offeror’s ability to execute the contract properly, and.

7. review of Federal and the Ohio Department of Transportation debarment list.

PART TWO: RFP TIMEFRAME REQUIREMENTS

II. RFP TIMEFRAME REQUIREMENTS

A. Firm Dates

RFP Issued: 2/6/2025

Inquiry Period Begins: 2/6/2025

Inquiry Period Ends: 2/20/2025

Bid Due Date: 2/27/2025 by 3:00 PM Eastern Standard Time

Failure to meet a deadline, in the submission or evaluation phases or any objection to the dates for performance in the solicitation phase, may result in ODYS not considering the Bid of the Offeror.

B. Amendments to Bids Amendments or withdrawals of Bids are allowed until 3:00 P.M., Eastern Standard Time, on the stated Bid Due Date. No amendment or withdrawals will be permitted after the due date, except as expressly authorized by this RFP.

C. Bid Deadline and Requirement

PROPOSAL SUBMITTAL. Each Offeror must submit a Technical Proposal and a Cost Proposal as part of its Proposal package. Proposals must be submitted as two (2) separate components (Technical Proposal and Cost Proposal) in separate electronic envelopes. These proposals shall be submitted in OhioBuys by the specified due date.

Technical Proposal: The technical Proposal includes answers to predetermined evaluation criteria specified within the RFP.

Cost Proposal: The Offeror must submit a separate cost section of its Proposal in the required format described in OhioBuys.

Offerors will not be able to submit Proposals or unsolicited Proposal amendments after the deadline requirements in the RFP.

MULTIPLE OR ALTERNATE PROPOSALS. ODYS accepts multiple Proposals from a single Offeror, but ODYS requires each such Proposal be submitted separately from every other Proposal the Offeror makes. Additionally, the Offeror must treat every Proposal submitted as a separate and distinct submission and include in each Proposal all materials, information, documentation, and other items this RFP requires for a Proposal to be complete and acceptable. No alternate Proposal may incorporate materials by reference from another Proposal made by the Offeror or refer to another Proposal. ODYS will judge each alternate Proposal on its own merit.

The objective of this RFP is to solicit Bids for the requested services to the Ohio Department of Youth Services at the Cuyahoga Hills Juvenile Correctional Facility, Circleville Juvenile Correctional Facility, and the Indian River Juvenile Correctional Facility. The successful Bid(s) will form the basis of a contract for such services, and be the minimum acceptable standard expected of the contractor throughout the term of the contract.

The Contractor must fully describe and document how they will provide the services as required by the RFP. The Contractor must provide services in a manner consistent with established standards of the American Correctional Association (ACA), the Ohio Department of Youth Services and all federal, state, and local laws.

PART THREE: OVERVIEW OF SERVICES

EXHIBIT A

A. Statement of Needs:

The Department of Youth Services is seeking proposals to provide a web-based work readiness/skill development curriculum for incarcerated youth who have obtained a high school diploma or equivalent. As of July 2024, the average age at admission to DYS facilities is 17.8 and the average age at release is 18.7. Given this demographic, it is essential to provide educational tools that will help prepare these individuals for entry into the workforce upon leaving the custody and care of our facilities.

The selected provider must demonstrate competence in providing coursework to a specialized population. Currently, 44% of incarcerated youth in the state of Ohio need specialized education.

Coursework must be available at a reading, language, and comprehension level at an average of 5th to 7th grade; however, it must also include courses at a first-year college level to effectively service our diverse youth population.

B. Statement of Services: FY25-FY26

DYS is seeking a certificate-based work readiness curriculum for use by incarcerated youth at the following facilities within the state of Ohio:

1. Indian River Juvenile Correctional Facility 2775 Indian River Rd, Massillon, OH 44646

2. Cuyahoga Hills Juvenile Correctional Facility 4321 Green Rd, Highland Hills, OH 44128

3. Circleville Juvenile Correctional Facility 640 Island Rd, Circleville, OH 43113

The selected vendor must offer courses for youth to gain skill sets and certificates for marketable, in-demand jobs and careers, including trades such as bricklaying, carpentry, plumbing, electrical, etc.

Vendor must offer customized course development based on DYS approved curriculum, focusing on enhancing skills related to a chosen career path and should be flexible in adapting courses as needs of youth change. Vendor to attend regularly scheduled meetings with DYS to assess effectiveness and adapt to changes in population needs and/or market conditions.

The curriculum must be:

1. Self-paced.

2. Certificate and college credit based.

3. Compatible with Google sign-on without an email requirement.

4. Scalable in licensing structure to accommodate DYS needs.

5. Adapted to non-traditional learning styles.

6. Recognized by employers, providing an advantage in employment.

The curriculum used must contain the following components in some compacity:

1. Soft skill development for re-entry and workforce readiness (ex. emotional regulation, workplace socialization, interviewing).

2. Courses at reading, language, and comprehension levels of between 5th and 7th grade and first-year college level

3. Learning tools such as games, animations, relatable case studies, kinesthetics and other interactive elements that engage, without patronizing, a range of learners.

4. All concepts presented in a course should be thoroughly defined within that course unless building on concepts from a prerequisite course.

5. Allow students to articulate post-high school graduate plans in step-by-step manner.

The following administrative features/functions must be included:

1. Helpdesk hotline for user support and a web-based ticket submission platform.

2. SLA chart/dashboard.

3. Reporting features and capabilities to include:

a. course/program utilization rate to identify popular career paths.

b. enrollment in each course and for each student.

c. completion rate for each course/module.

d. average time to completion.

e. scores for each course/module.

f. education plan overviews.

Security features and capabilities to include:

1. Prohibiting communication between users.

2. Segregated instance to allow administrator oversight.

3. Role and permission-based controls to disable/modify/customize customizable features and turn-off text boxes.

4. Dedicated web-based instance/platform to host curriculum in a secure manner, meeting DYS

IT security standards.

5. Ability to run on various operating systems such as Chrome OS, iOS, and Windows.

Training services to include:

1. Recorded trainings for DYS staff on platform usage and navigation.

2. Minimum of three staff training sessions – recorded.

3. Train the trainer sessions.

4. End user training sessions for youth – recorded.

5. IT training in account management and security.

Product demonstration will be required as part of the evaluation process. Product demonstration must include (at minimum):

1. Students

a. How do students sign in?

b. What does the student experience look like? User friendly?

c. What do student assignments / quizzes / activities look like?

d. How are students assessed?

2. Teachers / Counselors / Administrators

a. How do they assign students to a course?

b. What does the experience look like?

c. How do they review student progress?

d. What reports are available?

e. How are the reports accessed?

f. How are grades assigned?

g. What features of the course are customizable?

h. How does a teacher / administrator access the customizations?

C. Monitoring and Evaluation:

Vendor must offer customizable courses based on DYS approved curriculum, focusing on enhancing skills related to a chosen career path. Vendor to attend regularly scheduled meetings with DYS to assess effectiveness and adapt to changes in population needs and/or market conditions. Vendor expected to meet weekly with DYS during implementation period and monthly thereafter to monitor progress.

D. Knowledge, Experience, and Licensure:

The following documentation must be included with the proposal:

1. Examples of at least three previous projects of similar size and scope within the last five years, documenting the contractor’s ability to provide the requested services.

2. Evidence of sufficient staff, finances, and resources to successfully complete the required tasks.

3. Organizational chart including hierarchy, names, and anticipated work hours to complete project.

4. Detail of experience providing services to correctional facilities.

5. IT security SOCC Type 2 report and documentation showing where any DYS data will be stored.

6. Per seat price/licensing on a per license basis, including maintenance and development costs into the pricing structure.

E. Payment Schedule:

Fiscal Year

Unit Of Measure

Units Extended Cost

F. Renewal Clause:

At the sole option of ODYS, this contract may be renewed annually under the same terms and conditions applicable to this contract for any period of time, up to a maximum of twenty-four (24) additional months beginning July 1, 2026; but, such renewals may not extend beyond the biennium in which the renewal takes place.

In order to exercise this option, ODYS must advise the Contractor, in writing, sixty (60) days prior to the expiration of current contract.

In accordance with Section 126.07 of the Revised Code of Ohio, any renewal hereunder shall not be valid or enforceable, unless and until the Director, Office of Budget and Management first certifies that there is a balance in the appropriation, not already obligated to pay existing obligations.

The Ohio Department of Youth Services reserves the right to reject any and all proposals where the offeree takes exception to ODYS terms and conditions or fails to meet the terms and conditions, including, but not limited to, standards, specifications, and requirements.

In addition, The Ohio Department of Youth Services reserves the right to reject, in whole or in part, any and all responses if any of the following circumstances are true:

(A) bids offer supplies or services that are not in compliance with the requirements, specifications, terms or conditions stated in the bid document,

(B) the price of the lowest responsive and responsible bid is deemed excessive in comparison with market conditions or with the purchasing agency’s available funds, or

(C) ODYS determines that awarding any item is not in the best interest of the State of Ohio.

G. Requirements:

The contractor shall observe the laws, regulations and policies of the State of Ohio and the Ohio Department of Youth Services in providing contracted services to the youth.

Selection Criteria

Provided below are the scoring criteria that will be utilized in awarding of the contract:

Metric Weight

Rating (0-5)

Extended Score

Offeror Profile and Prior Projects

1. The Offeror has the capacity as an organization to fulfill the needs of this Contract. The Offeror demonstrates sufficient resources to undertake all activities required in the RFP. 20

2. The Offeror provides evidence of a minimum of three previous projects, similar in size and complexity, in the previous five years. The projects must document the Offeror’s ability to provide the Work. 15

3. The Offeror demonstrates it has sufficient resources to meet the requirements and deadline of the Work (e.g., sufficient office facilities, technology and support mechanisms; financial stability and capacity; and sufficient time commitment by its staff), it can quickly undertake and successfully complete the required tasks for this Work and has a skilled staff to develop quality deliverables in the required time frame. 20

4. The Offeror must provide an organizational chart highlighting the key people assigned to manage the personnel called for in this RFP. The chart must illustrate a clear hierarchy of authority and include names along with the anticipated hours dedicated to this Work. 10

5. The Offeror must provide a detailed background reflecting work in correctional facilities. 15

Course Development

Scope of Work--General

1. The Offeror demonstrates the ability customize coursework for a correctional environment. 20

2. The Offeror demonstrates its ability to create new courses that keep pace with changing demands of a correctional environment. 15

3. The Offeror demonstrates its ability to provide detailed reporting (i.e. progress, completion rates) 20

Education

Scope of Work- General

1. The Offeror demonstrates the ability to offer courses that allow students to gain certificates and college credits in a self-paced learning environment. 20

2. The Offeror demonstrates the ability to offer courses that include role playing and is kinesthetic. 20

Information Technology

Scope of Work- General

1. The Offeror can provide a single sign-on integration with customer application. 20

2. The Offeror’s learning platform will allow role and permission-based access. 20

3. The Offeror’s learning platform will allow customized features to give Administrators the ability to make changes to features that pose a security risk (chatting or message boards features) 20

4. Provides audit trails for user actions and guarantees the highest level of privacy and security standards. Able to provide IT security documents (ex. SOC2 type). Data stored outside of the United States of America is prohibited. 20

5. The Offeror’s learning platform should be versatile and compatible to run on various operating systems such as Chrome OS, iOS, and Windows. 20

Youth Development

Scope of Work- General

1. The Offeror’s learning platform supports the ability for students to detail their post-high school graduate plans in a step-by-step manner. 10

2. The Offeror’s learning platform aids in the development of the following: Social Emotional Wellness, Leadership, Self-Motivation, Communicating Skills, Service Oriented and Adaptability 20

3. The Offeror’s learning platform curriculum is recognized by employers and gives individuals an advantage to be employed. 20

SCORING BREAKDOWN

Criteria

Maximum Available Points

Proposal Technical Requirements

1625 Points

Proposal Cost

400 Points

Maximum Available Points

2025 Points

A minimum score of 975 points after scoring of the technical proposal is required to proceed to the cost proposal analysis.

After scoring is complete, if the Proposal with the highest total overall score is one other than from an Ohio or border state Offeror, ODYS will apply the following preferences:

(a) If the Offeror with the highest total overall score offers a foreign product, deduct six per cent of the total available points from the Offeror’s total score.

(b) If the Offeror with the highest total overall score was not assessed the preference from (a) and is one other than an Ohio or border state Offeror offering a domestic source end product, and an Ohio Offeror responded to this RFP and claimed the Buy Ohio Preference, deduct five per cent of the total overall available points from the Offeror’s total score.

ODYS will apply the Veterans Friendly Business Enterprise preference as required by ORC 9.318 and

OAC 123:5- 1-16.

The scale below (0-5) will be used to rate each proposal on the criteria listed in the Technical Proposal Evaluation table.

ODYS will score the Proposals by multiplying the score received in each category by its assigned weight and adding all categories together for the Offeror’s Total Technical Score in Table 3.

Representative numerical values are defined as follows:

DOES NOT MEET (0 pts.): Response does not comply substantially with requirements or is not provided.

WEAK (1 pt.): Response was poor related to meeting the objectives.

WEAK TO MEETS (2 pts.): Response indicates the objectives will not be completely met or at a level that will be below average.

MEETS (3 pts.): Response generally meets the objectives (or expectations).

MEETS TO STRONG (4 pts.): Response indicates the objectives will be exceeded.

STRONG (5 pts.): Response significantly exceeds objectives (or expectations) in ways that provide tangible benefits or meets objectives (or expectations) and contains at least one enhancing feature that provides significant benefits.

ATTACHMENT ONE: STANDARD TERMS AND CONDITIONS

1. DEPARTMENT OF ADMINISTRATIVE SERVICES (DAS) OR CONTROLLING BOARD

APPROVAL: If DAS or Controlling Board approval is required, this Contract shall not be valid and enforceable until appropriate approvals are received.

2. CERTIFICATE OF AVAILABLE FUNDS: Notwithstanding any other provision of this Contract, and in accordance with Section 126.07 of the Revised Code of Ohio, this Contract shall not be valid or enforceable, unless and until the Director, Office of Budget and Management first certifies that there is a balance in the appropriation, not already obligated to pay existing obligations.

3. NATURE OF CONTRACT: It is fully understood and agreed that the Contractor is an independent contractor and is not an agent, servant or employee of ODYS or the State of Ohio.

The Contractor must receive ODYS written approval prior to entering into any subcontract or joint venture for the delivery of services required by this Contract. If the Contractor enters into any agreement with a subcontractor, the Contractor is ultimately responsible for any and all actions or omissions by the subcontractor in the delivery of services under this contract.

Throughout the term of this contract, the Contractor shall provide ODYS with copies of all current licensure, certification, and/or accreditation, including any renew or re-issuance thereof, for any employee or subcontractor, providing services under this contract.

The Contractor agrees that while operating in an ODYS facility the contractor and/or any employee or subcontractor of the contractor, shall follow all applicable rules and regulations for that facility.

Except as expressly provided herein, neither party shall have the right to bind or obligate the other party in any manner without the prior written consent of the other party.

4. NONDISCRIMINATION: Pursuant to O.R.C., Section 125.111, the Contractor agrees that Contractor, any subcontractor, and any person acting on behalf of the Contractor or subcontractor, will not discriminate, by reason of race, color, religion, sex, age, disability, as defined in ORC 4112.01, national origin, or ancestry against any citizen of this state in the hiring of any person qualified and available to perform the work under this contract. Contractor further agrees that Contractor, any subcontractor, and any person acting on behalf of Contractor or subcontractor shall not, in a manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of work under this contract on account of race, color, religion, sex, age, disability as defined in ORC 4112.01, national origin, or ancestry.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices, setting forth the provisions of this nondiscrimination clause. The Contractor and any Subcontractor shall state in all solicitations or advertisements for employees placed by, or on behalf of, the Contractor that it is an equal opportunity employer and shall incorporate the requirements of this Section in all of its contracts for any of the performance of work under this contract.

The Contractor agrees that it has a written affirmative action program for the employment and effective utilization of economically disadvantaged persons, as defined in Ohio Revised Code, Section 122.71. Annually, the contractor agrees to file a description of the affirmative action program and a progress report on its implementation with the Equal Employment Opportunity Office of the Department of Administrative Services.

5. TAXES: The Contractor affirms that it is not delinquent in the payment of any applicable federal, state, or local taxes and agrees to comply with all applicable Federal, State and Local laws in the performance of the work hereunder. The Contractor accepts full responsibility for payment of all taxes, including and without limitation, unemployment compensation, insurance premiums, all income tax deductions, social security deductions, and any and all other taxes or payroll deductions required for all employees engaged by the Contractor in the performance of the work authorized by this Contact. The contractor must provide workers compensation for their employees and submit proof upon request. ODYS and the State of Ohio shall not be liable for any taxes under this Contract.

Additionally, the State of Ohio, ODYS is exempt from state, county, and transit sales taxes for services and goods supplied to and billed directly to ODYS.

6. GOVERNING LAW: This Contract and any claims arising in any way out of this Contract shall be governed by the laws of the State of Ohio and the United States. Any provision of this Contract prohibited by the law of Ohio shall be deemed void and of no effect. Any litigation arising out of or relating in any way to this Contract or the performance hereunder shall be brought only in the courts of Ohio, and the Contractor hereby irrevocably consents to such jurisdiction.

7. TERMINATION OR DEFAULT: Prior to the expiration of the term of this Contract, either party may terminate the Contract, with or without cause, by providing written notice to the other party not less than thirty (30) days prior to the termination date.

Termination pursuant to this paragraph will relieve either party of further obligation under this Contract. In no event will ODYS be obliged to pay for any services not actually performed by the Contractor.

8. CONTRACT AMOUNT CHANGES: ODYS and the Contractor agree that ODYS may make adjustments in the total amount of this contract as may be necessary to provide essential services.

Adjustments shall not cause ODYS to exceed annual or biennial allocations. An increase in the total amount of the contract may be subject to approval by DAS or Controlling Board before any such change is valid and enforceable. ODYS shall notify the contractor, in writing, of the effective dates of any such change.\

9. MODIFICATION TO SERVICES: ODYS and the Contractor agree that any change in the rate(s) or type(s) of service shall require written agreement by both parties.

10. RECORDS RETENTION: The Contractor shall maintain independent books, records, documents, and papers involving all transactions relative to the performance of this Contract which reflect any and all direct and indirect costs expended in the performance of this contract in a manner consistent with generally accepted accounting principles in the performance of services required by this contract.

Youth case files and material filed or referenced under a youth's name shall be maintained according to the retention schedule established by ODYS.

The Contractor shall, for each subcontract authorized by ODYS, in excess of twenty-five hundred dollars ($2,500.00), require its subcontractor(s) to agree to the same provisions of this article.

All of the above records, books, documents, papers, case files, etc. shall be retained for seven

(7) years unless ODYS approves a shorter retention period, in writing. The Contractor may apply for such authorization after the fiscal year in which the final entry was made. In addition, all of the above documents shall be made available at all reasonable times during the period of their required retention by authorized Federal, State and ODYS personnel.

The Contractor agrees to be responsible for the costs of any audit in which it is determined that the Contractor violated, in any material respect, any provision of Federal, and State or local law.

11. DISCLOSURE OF INFORMATION: Contractor agrees that neither it, nor its designees or sub-contractors, will use or disclose any information concerning ODYS youth for any purpose unless necessary to the administration of ODYS or Contractor's responsibilities under this Contract. The Contractor agrees to obtain the written consent of ODYS prior to disclosure of youth records unless otherwise ordered by a court of competent jurisdiction.

12. LIMITATION OF LIABILITY: The State's liability for damages, whether in contract or in tort, shall not exceed the total amount of compensation payable to the Contractor under the ODYS “Contract and Agreement”, “Compensation of Services” article, above, or the amount of direct damages incurred by the Contractor, whichever is less. In addition, the Contractor agrees that ODYS and the State of Ohio and any funding source for this contract are held harmless and immune from any and all claims for injury or damages arising from this contract which are attributable to the Contractor’s own actions or omissions or those of its trustee, officers, employees, subcontractors, suppliers, and other third parties while acting under this contract. Such claims shall include any claims made under the Fair Labor Standards Act or under any other federal or state law involving wages, overtime, or employment matters and any claims involving patents, copyrights and trademarks. Contractor agrees to bear all costs associated with defending against any such claims or legal actions when requested by ODYS or State to do so.

13. CONFLICTS OF INTEREST/ETHICS: Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and Sections 2921.42 and 2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws.

14. ENTIRE AGREEMENT: The Contract, when signed by both parties, along with any attachments and the Request for Proposal and Response (if an RFP process was used), constitutes the entire agreement between the parties herein. No rights herein will be waived, unless specifically agreed upon in writing by the parties hereto. This Contract supersedes any and all previous agreements, whether written, or oral, between the parties. A waiver by any party of any breach or default by the other party under this Contract shall not constitute a continuing waiver by such party of any subsequent act in breach of or in default hereunder.

15. NOTICES: Except as specifically provided otherwise, all notices, consents and communications hereunder shall be given in writing, and be either hand carried or sent by certified mail, return receipt requested, to the respective addresses on the signature page of this document

16. SEVERABILITY: The provisions of this Contract are severable and independent. If any provision of this contract be deemed unenforceable by a court of competent jurisdiction in whole or in part, the remaining provisions of this contract and any partially enforceable provisions, to the extent enforceable, shall, nevertheless, be binding and enforceable.

17. SUCCESSORS AND ASSIGNS: Except as provided in this paragraph, neither this Contract nor any rights hereunder may be assigned or transferred in whole or in part by either party, without the prior written consent of the other party. The work contemplated in this contract is to be performed by the Contractor, who may subcontract without ODYS approval for the purchase of articles, supplies, components or special mechanical services that do not involve the type of work or services described in Exhibit A, but which are required for its satisfactory completion. The Contractor should notify ODYS, in advance, of any of these subcontracts or joint ventures. All work subcontracted shall be at the expense of the Contractor.

18. DRUG FREE WORKPLACE: The Contractor agrees to require that all its employees, while working on state property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

19. CHILD SUPPORT: The Contractor agrees to cooperate with the Ohio Department of Job and Family Services and any Ohio Child Support Enforcement Agency (CSEA) in ensuring that any person performing services hereunder meets child support obligations established under state law. Further, by executing this agreement the Contractor certifies present and future compliance with any court order for the withholding of support, which is issued pursuant to Chapters 3119, 3121, 3123 and 3125 of the Ohio Revised Code.

20. OWNERSHIP: ODYS shall have unrestricted authority to reproduce, distribute and use (in whole or in part) any reports, data or materials prepared by the Contractor, subcontractor or any person acting on behalf of the contractor pursuant to this agreement. No such documents or other materials produced (in whole or in part) with funds provided to the Contractor by ODYS shall be subject to copyright by the Contractor in the United States or any other country. The Contractor agrees that all deliverables hereunder shall be made freely available to the general public to the extent required by law.

21. FIREARMS RESTRICTION: The Contractor agrees that the Contractor, any Subcontractor, and

/or any person acting on behalf of the Contractor or Subcontractor, will not possess or maintain the presence of any firearm in or on any premise used in the delivery of residential services of youth. The Contractor agrees to apply, in writing, within ten (10) days of the Contractor’s execution of this contract for a written waiver of this provision from ODYS Director in the event that this provision would create an economic hardship (e.g. an employer, such as a police department, requires a foster parent who is also a police officer to carry a firearm as a requirement of his/her employment) or would otherwise be unreasonable.

22. OTHER APPLICABLE LAW: The Contractor is required to comply with O.R.C., Chapter 4115

"Wages and Hours on Public Works" as required by law. The Contractor shall meet State of Ohio requirements for certification, licensure and registration where applicable. Contractor shall be required to provide proof of such certification, licensure and registration and to provide any renewal certification, licensure and registration.

The Contractor shall comply with the provisions as specified in the O.R.C., Section 109.572 regarding criminal records check and fingerprinting and maintain adequate records thereof.

In the performance of this contract, the Contractor agrees to comply with all Federal, State, and Local laws and the Ohio Administrative Code.

ODYS is subject to O.R.C. 149.43 “Availability of Public Records”, and therefore any documents, which are a part herein, shall be disclosed as required by law.

23. NOTICE TO RETIREES: A retiree cannot continue to receive benefits and work as an independent contractor under a contract for any period of time for the employer from which they retired. This prohibition is applicable regardless of the number of hours or days actually worked.

24. UNRESOLVED FINDINGS FOR RECOVERY: Contractor affirmatively represents and warrants to ODYS that it is not subject to a finding or recovery under ORC 9.24, or that it has taken the appropriate remedial steps required under ORC 9.24 or otherwise qualifies under that section.

Contractor agrees that if this representation and warrant is deemed to be false, the Contract shall be void ab initio as between the parties to this Contract, and any funds paid by ODYS hereunder shall be immediately repaid to ODYS, or an action for recovery may be immediately commenced by ODYS for recovery of said funds.

25. SWEATSHOP FREE: By the signature affixed to this ITB/RFP, Bidder/Offeror certifies that all facilities used for the production of the supplies or performance of services offered in the bid/RFP are in compliance with applicable domestic labor, employment, health and safety, environmental and building laws. This certification applies to any and all suppliers and/or subcontractors used by the Bidder/Offeror in furnishing the supplies or services described in the bid/RFP and awarded to the Bidder/Offeror. If DAS receives a complaint alleging non- compliance with sweatshop free requirements, DAS may enlist the services of an independent monitor to investigate allegations of such non-compliance on the part of the Contractor, any sub-contractors or suppliers used by the Contractor in performance of the Contract. If allegations are proven to be accurate, the

Contractor will be advised by DAS of the next course of action to resolve the complaint and the Contractor will be responsible for any costs associated with the investigation. Items that will be considered in an investigation include, but are not limited to, standards for wages, occupational safety and work hours.

26. EXECUTIVE ORDER REQUIREMENTS:

I. The Contractor affirms to have read and understands Executive Order 2019-12D issued by Ohio Governor Mike DeWine and shall abide by those requirements in the performance of this Contract and shall perform no services required under this Contract outside of the United States. The Executive Order is provided as an attachment and also is available at the following website:

https://governor.ohio.gov/wps/portal/gov/governor/media/executive-orders/2019-12d

The Contractor also affirms, understands, and agrees to immediately notify the State of any change or shift in the location(s) of services performed by the Contractor or its subcontractors under this Contract, and no services shall be changed or shifted to a location(s) that are outside of the United States.

II. TERMINATION, SANCTION, DAMAGES:

If Contractor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors perform any such services, Contractor shall immediately return to the State all funds paid for those services. The State may also recover from the Contractor all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Contractor performing services outside the United States.

The State may, at any time after the breach, terminate the Contract, upon written notice to the Contractor. The State may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party.

If the State determines that actual and direct damages are uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of liquidated damages in the amount of 1% of the value of the Contract, for every day that the default is not cured by the Contractor.

The State, in its sole discretion, may provide written notice to the Contractor of a breach and permit the Contractor to cure the breach. Such cure period shall be no longer than 21 calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Contractor any costs associated with acquiring those substitute services.

Notwithstanding the State permitting a period of time to cure the breach or the Contractor’s cure of the breach, the State does not waive any of its rights and remedies provided the State in this Contract, including but not limited to recovery of funds paid for services the Contractor performed outside of the United States, costs associated with corrective action, or liquidated damages.

III. ASSIGNMENT / DELEGATION:

The Contractor will not assign any of its rights, nor delegate any of its duties and responsibilities under this Contract, without prior written consent of the State. Any assignment or delegation not consented to may be deemed void by the State.

https://governor.ohio.gov/wps/portal/gov/governor/media/executive-orders/2019-12d

27. PRISON RAPE ELIMINATION ACT (PREA): If this Contract is for residential services, the contractor shall comply with all Federal PREA standards per the National PREA Resource Center.

28. BACKGROUND CHECKS: A Background check (LEADS) shall be completed on any individual contractor and may be run on anyone coming into the facility to provide services, prior to the contracted services being performed. Information obtained from the background check shall be used to determine whether a contract may be awarded.