FDC RFQ-26-026.pdf

Request for Quote

Outpatient Mental Health Sex Offender Services (OPMH/SO)

FDC RFQ-26-026

Florida Department of Corrections intends to utilize this Request for Quote (RFQ) to procure non-competitive, statutory-exempt health services pursuant to Section 287.057(3)(e)5., Florida Statutes (F.S.).

General Service Description The Department is seeking innovative solutions from qualified vendors to provide OPMH/SO treatment services to Offenders on community supervision within the Florida Judicial Circuit 11. The services to be provided include mental health assessments, sex offender assessments, formal psychological evaluations, inclusive of testing, individual and group treatment services, referrals to other treatment services, and any other services as outlined in EXHIBIT A - SAMPLE CONTRACT and identified in the Vendor’s response to this RFQ.

All Vendors responding to this advertisement are responsible for reviewing and understanding the specifications, terms, and conditions of EXHIBIT A – SAMPLE CONTRACT, and must have a current or proposed service location within the designated area(s), as specified in Attachment I - Service Locations.

Vendor Response Vendors interested in providing these services to the Department should submit a response, including a concise description of their capabilities to provide the required services.

The Vendor's response should clearly and effectively demonstrate: (limit 15 pages)

1. The Vendor's understanding of how the current services are provided to the Department, including the service requirements, performance measures, and financial consequences outlined in EXHIBIT A – SAMPLE CONTRACT of this RFQ;

2. The Vendor's overall approach to meeting or exceeding the Department’s current requirements for service, which should include any recommended enhancements, expanded services, and cost savings the Vendor can provide to the Department;

3. Why the Vendor’s services are the best value for the State; and

4. Resumés reflecting the Vendor’s experience providing these or similar services.

Vendors must complete and include the following attachments in their responses:

1. Signed Attachment II – Certification/Attestation.

2. Completed Attachment III – Price Sheet.

3. Signed Attachment IV – Foreign Country of Concern Attestation (PUR 1355)

4. Signed Attachment V – Use of Coercion for Labor and Services (PUR 2024)

5. Completed Attachment VI – Vendor Certification Form (PUR 7801)

Vendors shall submit their responses to the Procurement Officer via email to Purchasing@fdc.myflorida.com by 2:00 p.m., Eastern Time, on November 19, 2025. Vendor(s) invited to negotiate further with the Department will receive communication with further instructions from the Department. The Department will not advertise an award on the Vendor Information Portal, as this will be the only posting regarding this RFQ.

Questions Any questions that may arise related to this RFQ shall be directed via email to the Procurement Officer, Sarah Pegram, at Purchasing@fdc.myflorida.com.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. A notice of protest must be filed with the Agency Clerk, Office of General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399; or by mailto:Purchasing@fdc.myflorida.com mailto:Purchasing@fdc.myflorida.com

Attachment I – Service Location

Fax: (850) 922-4355; or by Email: CO-GCAgencyClerk@fdc.myflorida.com.

CIRCUIT 11

Service Location Mandatory Service Site

Location Requirements Estimated Contract

Start Date

Miami-Dade County

Must be located within the city limits of Miami-Dade, Florida

Special Needs: Bilingual Staff (English and Spanish) and staff to accommodate hearing-impaired offenders.

Within 30 Days of the Award

[Remainder of Page Left Blank Intentionally] mailto:CO-GCAgencyClerk@fdc.myflorida.com

Attachment II– Certification/Attestation

FDC RFQ-26-026

1. Business/Corporate Experience This is to certify that the Vendor has a minimum of two (2) years of business and/or corporate experience within the last five (5) years, in providing services relevant to the provision of services of similar size and scope of this solicitation.

2. Service Locations This is to certify that the Vendor has a current or proposed service location within the designated area(s), as specified in Attachment I—Service Locations.

3. Authority to Legally Bind the Vendor This is to certify that the person signing this Attachment Certification/Attestation is authorized to make this affidavit on behalf of the firm, and its owner, directors, and officers.

4. Statement of No Involvement This is to certify that the person signing the Proposal has not participated, and will not participate, in any action contrary to the terms of this solicitation.

5. Statement of No Inducement This is to certify that no attempt has been made or will be made by the Vendor to induce any other person or firm to submit or not to submit a response with regard to this solicitation.

Furthermore, this is to certify that the response contained herein is submitted in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive submission.

6. Non-Discrimination Statement This is to certify that the Vendor does not discriminate in their employment practices with regard to race, creed, color, national origin, age, gender, marital status, or disability.

7. Unauthorized Alien Statement This is to certify that the Vendor does not knowingly employ unauthorized alien workers.

8. Statement of No Investigation/Conviction This is to certify that Vendor, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three

(3) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public Contract.

9. Scrutinized Companies Lists If value of this solicitation is greater than or equal to $1 Million, then the Vendor certifies they are not identified on the Scrutinized Companies List or engaged in business operations as specified in SS. 215.4725; 215.473; or 287.135, F.S.

Vendor Name:

Authorized Signature:

Printed Name of Authorized Signor:

Vendor Phone Number:

Vendor Email:

Attachment III– Price Sheet

JUDICIAL CIRCUIT 11

(See Attachment I – Service Locations)

LOCATION OF THE FACILITY:

(County of Service Location)

TO BE DETERMINED (TBD) OR

CONFIRMED ADDRESS OF

FACILITY:

(Street Address) Does your agency currently occupy this facility?

YES NO

(City/State/Zip Code)

A SEPARATE PRICE SHEET MUST BE SUBMITTED FOR EACH SERVICE OFFERED AND SITE

LOCATION WITHIN EACH JUDICIAL CIRCUIT WHEN RESPONDING TO THIS RFQ.

SERVICE TYPE RATE

(Per Offender; Per Service)

Mental Health Assessment (Minimum of 50 minutes)

Sex Offender Assessment (Minimum of 50 minutes)

Mental Health Formal Psychological Evaluation and Testing

Sex Offender Formal Psychological Evaluation and Testing

Mental Health Individual Counseling (Minimum of 45 minutes)

Sex Offender Individual Counseling (Minimum of 45 minutes)

Mental Health Group Counseling (Minimum of 45 minutes)

Sex Offender Group Counseling (Minimum of 45 minutes)

Telehealth/Telephone Case Management Services

NAME OF VENDOR’S ORGANIZATION FEIN

SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINTED NAME OF AUTHORIZED

REPRESENTATIVE

VENDOR EMAIL DATE

PUR 1355 (10/23) Page 5 of 9 Rule 60A-1.020, F.A.C.

Attachment IV – Foreign Country of Concern Attestation (PUR 1355)

FDC RFQ-26-026

FOREIGN COUNTRY OF CONCERN ATTESTATION

(PUR 1355)

This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual’s Personal Identifying Information.

Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Printed Name:

Title:

Signature: Date:

https://www.flrules.org/gateway/RuleNo.asp?title=GENERAL%20REGULATIONS&ID=60A-1.020

PUR 2024 (09/2025) Page 6 of 9 787.06(13), F.S.

Attachment V – Use of Coercion for Labor or Services (PUR 2024)

FDC RFQ-26-026

PUR 2024

Part A: Use of Coercion for Labor or Services

Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be completed by an officer or representative of the nongovernmental entity executing, renewing, or extending a contract with a governmental entity.

Name of entity does not use coercion for labor or services as defined in section 787.06, Florida Statutes.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Entity Name:

Representative/Officer’s Printed Name:

Representative/Officer’s Title:

Signature: Date:

Attachment VI– Vendor Certification Form

Form PUR 7801 (07/2024) Page 7 of 9 Rule 60A-1.002, F.A.C.

Vendor Certification

Form

I hereby certify the following on behalf of the vendor identified below:

Customer Indicator (Required, N/A, Determined by Vendor)

Vendor Indicator (Certified, N/A)

Certification

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Regardless of the dollar value of the goods or services provided, in accordance with the requirements of section 287.135(5), F.S., the vendor is not participating in a boycott of Israel and is not on the State Board of Administration’s “Quarterly List of Scrutinized Companies that Boycott Israel,” available at https://www.sbafla.com/governance/global-governance-mandates/

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If the goods or services to be provided are $1 million or more, in accordance with the requirements of section 287.135, F.S., the vendor is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (collectively, “Scrutinized List of Prohibited Companies”); does not have business operations in Cuba or Syria; and is not on the State Board of Administration’s “Scrutinized List of Prohibited Companies” available under the quarterly reports section at https://www.sbafla.com/reporting/

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Choose an item. The vendor is not on the Suspended Vendor List; it and its suppliers, subcontractors, or consultants to be utilized under the contract are not on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists; and there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the contract obligations.

The vendor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S., that identify the impacts to the vendor's ability or its affiliates’ ability to respond to the competitive solicitations of a public entity; to be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; or to transact business with a public entity if it, or its affiliates, are placed on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists of the Department of Management Services. The vendor is hereby further informed of the provisions of section 287.1351, F.S., that identify the impacts to the vendor’s ability to enter into or renew a contract with https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sbafla.com%2Fgovernance%2Fglobal-governance-mandates%2F&data=05%7C02%7CBrittany.Dambly%40dms.fl.gov%7C0adec150d13b4cc7ab2d08dcc60e9f98%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638603013353010002%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=UT3gHJbzlUn95PDvOvb9ytmfLYPu%2Br6o%2FnBevfoq0MU%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sbafla.com%2Freporting%2F&data=05%7C02%7CBrittany.Dambly%40dms.fl.gov%7C0adec150d13b4cc7ab2d08dcc60e9f98%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638603013353015342%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=4o3wZFH%2B69KW8hJ2rUEAB3vbhSGolxhxlhPd0Bdzs2M%3D&reserved=0

Form PUR 7801 (07/2024) Page 8 of 9 Rule 60A-1.002, F.A.C.

an agency, as defined in section 287.012, F.S., if it is placed on the

Suspended Vendor List of the Department of Management Services.

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If the contract grants the vendor access to an individual’s personal identifying information, the vendor is not prohibited from entering into the contract pursuant to section 287.138, F.S., and has completed the Form PUR 1355, “Foreign Country of Concern Attestation Form,” available at http://www.flrules.org/Gateway/reference.asp?No=Ref- 15843, and attached it hereto.

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If the vendor is a common carrier, as defined in section 908.111, F.S., or a contracted carrier, it is not prohibited from entering into the contract pursuant to section 908.111, F.S., and has completed the Form PUR 1808, “Common Carrier or Contracted Carrier Attestation Form,” available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14614, and attached it hereto.

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The vendor is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S.; and has not, within the last year, had a contract terminated under section 448.095(5)(c), F.S., by a public employer, contractor, or subcontractor, as defined by section 448.095(1), F.S.

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The vendor is in compliance with all applicable disclosure requirements set forth in section 286.101, F.S., and has not been deemed ineligible for a grant or contract funded by a state agency pursuant to section 286.101(7), F.S.

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If the contract is between a nongovernmental entity and a governmental entity, in accordance with section 787.06, F.S., the vendor has completed an affidavit signed by an officer or a representative of the vendor under penalty of perjury attesting that the vendor does not use coercion for labor or services as defined in section 787.06, F.S.

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If the Contract is for the provision of commodities, in accordance with section 287.1346, F.S., the vendor, and any entity under the control of vendor, has not been placed on the Forced Vendor List within the past 365 days or, if placed on the Forced Vendor List, has been removed pursuant to section 287.1346(5)(d), F.S.

If the Contract is for the provision of commodities, the Contractor will submit, prior to entering into or renewing the Contract, a written certification from senior management, as defined in section 287.1346(1)(c), F.S., which certifies to the best of their knowledge the commodities being offered pursuant to this solicitation have not been produced, in whole or in part, by forced labor.

The vendor is hereby informed of the provisions of section 287.1346, F.S., that identify the impacts to a vendor’s ability to respond to the competitive solicitations of a state agency; to be awarded or perform https://www.flrules.org/Gateway/reference.asp?No=Ref-15843 https://www.flrules.org/Gateway/reference.asp?No=Ref-15843 http://www.flrules.org/Gateway/reference.asp?No=Ref-14614

Form PUR 7801 (07/2024) Page 9 of 9 Rule 60A-1.002, F.A.C.

work as a contractor, supplier, subcontractor, or consultant under a contract with a state agency; or to transact business for the provision of commodities with a state agency if it, or entities under the control of the vendor, is placed on the forced labor list in accordance with section 287.1346, F.S.

By signing below, I certify that I am authorized to complete and submit this Vendor Certification Form on behalf of the vendor.

Vendor Information Signatory

Name Signature Date

FEIN Typed or Printed Name

Title

CONTRACT #Cxxxx

EXHIBIT A - SAMPLE CONTRACT

CONTRACT BETWEEN

THE FLORIDA DEPARTMENT OF CORRECTIONS

AND

CONTRACTOR NAME, INC.

This Contract is between the Florida Department of Corrections (“Department”) and Contractor (“Contractor”), which are the parties hereto.

WITNESSETH

WHEREAS, the Department has supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to facilities and programs for the imprisonment, correction, and rehabilitation of adult Offenders in accordance with Section 945.025, Florida Statutes (F.S.);

WHEREAS, it is necessary that budget resources be allocated effectively;

WHEREAS, this Contract is entered into based on quotes obtained through Request for Quote (RFQ) FDC RFQ-XX- XXX, and pursuant to Section 287.057(3)(e)5., F.S., which authorizes health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration, including substance abuse and mental health services to be procured without receipt of sealed competitive bids or competitive sealed proposals and Section 945.025(4), F.S., which provides that nothing contained in Chapter 287, F.S., shall be construed as requiring competitive bids for health services involving examination, diagnosis, or treatment; and

WHEREAS, the Contractor is a qualified and willing participant in providing outpatient mental health and/or sex offender services (OPMH/SO) to Offenders under the Department’s community supervision in the X Judicial Circuit.

THEREFORE, in consideration of the mutual promises contained herein, the Department and the Contractor agree as follows:

I. CONTRACT TERM AND RENEWAL

A. Contract Term

This Contract shall begin on the date it is signed by both parties and shall end five (5) years from the date of execution. In the event this Contract is signed by the parties on different dates, the latter date shall control.

B. Contract Renewal

The Department has the option to renew this Contract, in whole or in part, for up to an additional five

(5) year period, or portions thereof, beyond the initial Contract term upon the same terms and conditions contained herein, except that the Department may negotiate lower pricing. Exercise of a renewal option is the Department’s exclusive option and shall be conditioned, at minimum, upon the Contractor’s satisfactory performance of this Contract and subject to the availability of funds. The Department, if it desires to exercise its renewal option, will provide written notice to the Contractor no later than 90 Days prior to the Contract expiration date. The Department shall not incur or pay any fees or costs associated with the processing of a renewal.

II. CONTRACT

A. Definitions

The capitalized terms used in this Contract, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1. Aftercare Plan: An individualized plan that outlines the goals to be accomplished through aftercare services, including regular counseling sessions and ancillary services, as needed.

2. Business Day: 8:00 a.m. to 5:00 p.m., Eastern Time (ET), excluding weekends and State holidays.

3. Case Management: Adjunct services provided by the therapist, to identify issues and barriers that may prevent the client from continuing to engage in recovery, assist in avoiding relapse and uncovering mutually agreed upon solutions to achieve their goals. All case management must be Department approved.

4. Clinical File: The file developed and maintained by the Contractor, for each Offender participating in outpatient mental health and/or sex offender treatment services, that contains clinical treatment information.

5. Community Supervision Program Referral (Form DC5-404): The Department’s form used by the

Department and the Contractor to document referral, treatment evaluation, outcome, and discharge for each Offender.

6. Comprehensive Program Evaluation (CPE): The Department’s in-depth Contract compliance monitoring technique to document the Contractor’s compliance with the terms of this Contract, and to evaluate overall Program functioning.

7. Contract: This agreement between the Contractor and the Department memorializes the terms and conditions negotiated by the parties.

8. Contract Manager: The Department’s employee, or designee, responsible for performance oversight and operational management of the Contract. The Contract Manager is designated in Section V. of this Contract.

9. Contract Quality Assurance Program Manager (CQAPM): The Department’s employee, or designee, responsible for implementing a Quality Assurance Program, evaluating the quality of services rendered by the Contractor, and ensuring efficient and effective service delivery.

10. Co-Payment Status: An Offender’s payment status wherein the Department will compensate the Contractor for 50% of any applicable fee(s) for services provided, and the Offender pays the remaining 50% of any applicable fee(s) to the Contractor at the time services are rendered.

11. Corrective Action Plan (CAP): The Contractor’s written comprehensive plan to remedy deficiencies discovered in the course of contract monitoring or at any time during the term of this Contract.

12. Counselor: The Contractor’s staff providing direct clinical services who meet the minimum qualifications of F.S. 490 or 491, a licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental Health Counselor, or Licensed Marriage and Family Therapist.

13. Day: A calendar day unless otherwise stated.

14. DC Number: An Offender’s Department-assigned identification number.

15. Deliverables: The goods and services delivered to the Department in the course of Contract performance, which result in the Department’s payment to the Contractor.

16. Department Funded Status: An Offender’s payment status wherein the Department will compensate the Contractor for 100% of any applicable fee(s) for services rendered.

17. Full/Self-Payment Status: An Offender’s payment status wherein the Offender pays for 100% of any applicable fee(s) for services rendered.

18. Health Insurance Portability and Accountability Act (HIPAA): The Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) and all related regulations, which requires the Department of Health and Human Services (HHS) to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. It also addresses the security and privacy of health data.

19. Individualized Treatment Plan (ITP): An individualized, written plan of action that directs all treatment services, is based upon information from the assessment and input from the Offender served, and establishes Offender goals and corresponding measurable objectives, time frames for completing objectives, and the type and frequency of services to be provided.

20. Initial Treatment Plan: A preliminary, written plan of treatment goals and objectives intended to inform the Offender of service expectations and to prepare the Offender for service delivery.

21. Local Contract Quality Assurance Coordinator (LCQAC): A Department staff member located in the Department region, designated by the Contract Quality Assurance Manager or designee to assist with monitoring the performance of the Contractor.

22. Offender: An individual who is under community supervision with the Department.

23. Prison Rape Elimination Act (PREA): 28 C.F.R 115, National Standards to Prevent, Detect, and

Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.” The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local institutions and for information, resources, recommendations, and funding to protect individuals from prison rape.

24. Qualified Practitioner: A social worker, mental health counselor, or a marriage and family therapist licensed under Chapter 491, F.S., who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under Chapter 458 or Chapter 459, F.S.; or a psychologist licensed under Chapter 490, F.S.

25. Quality Enhancement Strategy (QES): The Contractor’s written comprehensive plan to address programming issues found during the LCQAC’s monitoring of the Contract.

26. Quality Improvement Program: A formal method of evaluating the quality of care rendered by a provider and used to promote and maintain an efficient and effective service delivery system. It includes the use of a quality improvement process to prevent problems from occurring, so corrective efforts are not required.

27. Subcontract: An agreement entered into by the Contractor with any other person, entity or organization that agrees to perform any performance obligation for the Contractor specifically related to securing or fulfilling the Contractor’s obligations to the Department under the terms of the resultant Contract.

28. Supervising Probation Officer: An Offender’s Department-assigned correctional probation officer, or designee, who ensures the conditions of the Offender’s probation orders are met.

29. Telehealth: The mode of providing care, treatment, or services by a Florida Qualified Practitioner through the use of clinical and medical information exchanged from one site to another via electronic communication. Telehealth does not include the provision of services only through an audio-only telephone, email messages, text messages, facsimile, or mail.

30. Telehealth Provider: Any individual who provides health care and related services using

Telehealth and who is licensed or certified under 393.17, F.S.; Part III of Chapter 401, F.S.;

Chapter 457, F.S.; Chapters 458, 459, 460, 461, 463, 464, 465, 466, and 467 F.S.; Parts I, III, IV, V, X, XIII, or XIV of Chapter 468, F.S.; Chapters 478 and 480, F.S.; Parts I or II of Chapter 483, F.S.; Chapters 484, 486, 490, or 491, F.S.; who is licensed under a multistate health care licensure compact of which Florida is a member state; or who is registered under and complies with 456.47(4).

III. SCOPE OF SERVICE

A. General Service Description/Purpose

The Contractor shall provide OPMH/SO treatment services to Offenders on community supervision with the Department. The services to be delivered include mental health assessments, sex offender assessments, formal psychological evaluations, inclusive of testing, individual and group treatment services, referrals to other treatment services and any other services described herein. The goal of the Department’s treatment program is to offer services and interventions to assist Offenders while allowing them to maintain residence and employment in the community.

B. Rules and Regulations

1. All OPMH/SO treatment services provided under this Contract must meet all applicable local, state and federal ordinances, laws, rules and regulations. In addition, services must be provided in accordance with any applicable court orders, Department program and procedure guidelines, and any subsequent revisions and/or addenda to those documents. Should any of the laws, standards, rules or regulations or Department procedures change during this Contract, the updated version will take precedence. The Contractor and the Department shall work cooperatively to ensure service delivery is in complete compliance with all such mandates and requirements.

2. The Contractor shall provide all services in accordance with all current applicable federal and

State laws, rules, regulations, applicable court orders, and the Department’s rules and procedures. All such laws, rules, and regulations, current or as revised, are incorporated herein by reference and made a part of this Contract. Should any applicable law, standard, rule, regulation, Department procedure, or directive change during the term of this Contract, the updated version will take precedence. The Contractor and the Department will work cooperatively to ensure service delivery is in complete compliance with all such rules and regulations.

C. Communications

The parties will send Contract communications in two (2) forms, routine and formal, as follows:

Routine: Routine communications include all normal written communications generated by either party relating to service delivery. Routine communications must be acknowledged by the receiving party within two (2) Business Days and responded to within 30 Days of receipt.

Formal: Formal Communications are written communications that relate to significant issues such as breach of contract, unsatisfactory performance, the assessment of financial consequences, or Contract termination. Formal Communications will be marked clearly as a Formal Communication” and must be acknowledged by the Contractor upon receipt and responded to within seven (7) Days via email. The Department will use a date and numbering system to track Formal Communications.

The only persons authorized to use Formal Communications are the Department’s Director of Administration, Chief of Contract Management and Monitoring, Procurement Director, Contract Manager and Contract Administrator, and the Contractor’s Representatives. Other persons authorized to utilize Formal Communications must be agreed upon by both parties and identified in writing within 10 Days of Contract execution. Both parties must provide written notification of any subsequent changes to those authorized to use Formal Communications before issuing any Formal Communications from another person.

If an urgent problem arises, the Department will contact the Contractor, and the Contractor shall verbally respond to the Contract Manager within two (2) hours. If a non-urgent problem arises, the Department will contact the Contractor, and the Contractor shall verbally respond to the Contract Manager within 48 hours. The Contractor shall provide the Department with all information and records that the Department deems necessary to respond to inquiries, complaints, or grievances from or about Offenders within three (3) Business Days of receiving the request.

D. Department’s Responsibilities

1. The Department will complete Section I of the Community Supervision Program Referral, Form DC5-404, for each Offender it approves for the Program and will forward the DC5-404 to the Contractor. The Department will identify the Supervising Probation Officer on this form.

2. The Department will make available to the Contractor, upon request, all non-confidential records and social histories pertaining to the Offenders it refers, if such records are not otherwise protected from disclosure by law.

3. The Department will provide the Contractor a copy of all Department forms necessary to comply with Section III., R., General Reporting Requirements, during Program orientation.

4. The Department will provide the Contractor access to all applicable Department procedures, rules, and regulations. The Department will inform the Contractor of any regulatory or operational changes impacting the delivery of services to be provided pursuant to this Contract.

If necessary, the Department will issue an amendment to the Contract and include any necessary changes.

E. Contractor’s Responsibilities

1. The Contractor shall provide OPMH/SO treatment services to Offenders on community supervision, as referred by the Department.

2. The Contractor shall ensure all staff and/or subcontractor(s) providing services under this Contract comply with prevailing ethical and professional standards and all State and federal statutes, rules, procedures, and regulations relevant to the provision of services.

3. The Contractor shall ensure that 75% of Department-approved sex offenders enrolled in the program during the fiscal year, starting July 1st and ending on June 30th must remain in treatment or be successfully discharged from the program during the fiscal year.

4. The Contractor shall pay for all costs associated with local, state, and federal licenses, permits, and inspection fees required to provide services. All required permits and licenses shall be current, maintained on-site and a copy of such shall be submitted to the Department’s Contract Manager, upon request.

5. The Contractor shall provide the Local Contract Quality Assurance Coordinator (LCQAC) with a current copy of the program description, eligibility criteria, program rules, and specific criteria for program discharge or any changes upon request.

6. The Contractor shall submit all revisions and updates to the program description, program structure, eligibility criteria, and program rules to the Department’s Contract Manager, or designee, for review and written approval prior to such revisions and updates being implemented once this Contract is executed.

7. The Contractor shall modify its service delivery to meet or comply with changes required by operation of law, due to changes in practice standards or regulations or as a result of the legal settlement agreement, consent order, or change in the Department’s mission. Excluding changes covered under Section III. B. Rules and Regulations, any changes to this Contract required to ensure continued compliance with State or federal laws, statutes, or regulations, legal settlement agreement or consent order, or Department procedure or mission, must be made in accordance with Section VI. CONTRACT MODIFICATION.

F. Administrative Requirements

1. The Contractor shall furnish its own supportive services (e.g., administrative or clerical staff) and supplies (e.g., office supplies, equipment, forms, etc.).

2. The Contractor shall provide its own internet access and maintain a current, active email address at all times during the Contract term.

G. Service Site and Service Schedules

1. Service Site Location(s)

The Department-approved sites for Program services are:

XX County

a. Contractor Name, Inc. 123 Main Street City, State Zip

The Contractor may provide Telehealth services to Offenders in X County.

The Contractor attests that the service location(s) listed above is approved for the purposes outlined in this Contract. The service location(s) shall meet all State, county, and city zoning, permitting, and licensing requirements and any other requirements necessary to operate the service location(s). The Contractor shall provide such documentation to the Contract Manager, upon request, at any time during the Contract term. The Contractor shall notify the Contract Manager of any zoning changes, notices, challenges from zoning bodies, or complaints from citizens or other entities regarding the operation of the service location within 72 hours of receipt or knowledge of the change, notice, challenge, or complaint.

2. Contractor Requested Change in Service Site Location(s)

The Contractor may request a change in service site location(s) subsequent to the Contract execution. Requests for changes to the service site location(s) must be submitted to the Contract Manager in writing and must include an effective date for the requested change. A copy of any documents necessary to operate the service site location(s) must be included with the request.

The Department will evaluate the request and, if approved, send written approval of the change via Formal Communication. Services may not be delivered at any changed service site location prior to receipt of the Department’s Formal Communication, and the Contractor will not be compensated for any services delivered at a changed service site location until receipt of the Formal Communication. The Department’s approval will be followed by a formal Contract amendment within 90 Days.

In the event of an emergency, the Department may approve a temporary change in service site location by a written Formal Communication as long as the temporary change in service site location is within a 50-mile radius of the Contractor’s original approved service site location and the temporary service site location is not expected to last more than 30 Days. If the temporary change in service site location will last more than 30 Days, this is no longer considered a temporary service site location, and a written Contract Amendment shall be executed between the parties in regard to the new service site location.

3. Department Change in Service Site Location(s)

The Department reserves the right to require the Contractor to change a service site location if it is determined to be inaccessible, inconvenient to Offenders, or unsuitable for the provision of Contract services.

In addition, the Department reserves the right to add, delete, or change service site locations by written Formal Communication of no less than 30 Days if determined to be in the best interest of the Department. The Contractor shall change the service site location as soon as possible, not to exceed more than 30 Days after execution of a written Contract amendment signed by both parties.

4. Service Times

The Contractor shall provide Program services at times accessible and convenient to Offenders and be reasonably flexible in scheduling all clinical services to accommodate Offenders’ work schedules. The Contractor shall secure the LCQAC’s, or designee, approval of the Program’s schedule and any revisions thereof prior to schedule implementation.

H. Service Requirements

1. Program Referrals (DC5-404)

a. The Department will refer appropriate and approved Offenders to the Contractor in a timely manner within the parameters of this Contract using the DC5-404. The Department, as the referring party, will complete Section I of the DC5-404, or its electronic equivalent, and will forward the form to the Contractor. The Contractor shall ensure that each Offender referred for services has a DC5-404, with Section I completed. The Department is not liable for payment of services related to any Offender who it has not referred, approved, or does not have a DC5-404, with Section I completed on file with the Contractor.

b. In order to qualify for services, an Offender must be eligible according to the criteria outlined in Section III., H., 2, Offender Admission Criteria (below). The Contractor shall ensure Offenders sign all appropriate releases, including releases that allow the Department access to all Program information and alcohol and drug screening and testing results prior to Offender admission into the Program and prior to the provision of any services.

c. Upon an Offender’s admission to the Program, the Contractor shall complete Section II of the DC5-404 and email a copy to the Supervising Probation Officer within three (3) Business Days. The Contractor shall retain a copy of this form in the Offender’s Clinical File. The Contractor must maintain evidence that the form was submitted within the required timeframe.

d. The Contractor shall have a written detailed procedure for completing, maintaining, and tracking Offender referrals. This procedure must meet the timeframes and requirements established by the Department and this Contract.

2. Offender Admission Criteria

To be eligible for Program admission, an Offender must be under community supervision with the Department and must be either court-ordered, required through Interstate Compact, referred in accordance with the terms of a pre-trial intervention agreement, or referred by a Supervising Probation Officer. The Department will approve the admission of an Offender via the DC5-404.

3. Program Discharge

a. There are three (3) types of discharge from the Program: successful, unsuccessful, and administrative. The criteria for each type of discharge are listed below:

1) Successful Discharge

Successful Discharge occurs when an Offender meets all of the following criteria:

a) The Offender complied with all required treatment activities;

b) The Offender made satisfactory progress toward the treatment goals identified intheir Individualized Treatment Plan (ITP); and

c) The Offender obtained maximum benefit from the Program, as determined by a primary Counselor and a Qualified Practitioner

2) Unsuccessful Discharge

Unsuccessful Discharge occurs if the discharge is a result of any of the following criteria:

a) The Offender committed a violation of Program rules;

b) The Offender failed to meet the requirements of a successful discharge as outlined above; or

c) The Offender had three (3) unexcused absences from scheduled treatment events.

The Offender's primary Counselor and a Qualified Practitioner, as applicable, shall determine if an Offender will be unsuccessfully discharged. The discharge decision must be based on the criteria defined above and clinically justified in the Offender's Clinical File.

3) Administrative Discharge

An Administrative Discharge does not imply the Offenders success or failure in the Program. Some of the reasons for which an Offender might be administratively discharged from the program include, but are not limited to:

a) A medical or mental health condition which prohibits an Offender from participating in the program;

b) A clinical determination that an Offender is not in need of substance use disorder treatment;

c) Expiration of an Offender’s sentence;

d) Death of an Offender; or

e) Other approved reasons outside of the control of an Offender or the program and unrelated to the Offender’s program compliance.

b. The Contractor shall complete Section III of the DC5-404 and provide it to the Offender’s Supervising Probation Officer within three (3) Business Days of the Offender’s discharge from the program. The Contractor shall retain a copy of this form in the Offender’s Clinical File. The Contractor must maintain evidence that the form was submitted within the required timeframe.

c. The Contractor’s target fiscal year successful discharge rate shall not be less than 52%.

Fiscal year rates of less than 52% will require the Contractor to complete a QES, which outlines the detailed activities that will be used to achieve or exceed this target. The Contractor shall secure approval from the LCQAC prior to its implementation.

d. The Contractor shall prepare a written discharge report and shall submit that report to the

Supervising Probation Officer within 10 Business Days of an Offender’s discharge from the program. This discharge report must specifically indicate the Offender’s discharge type (successful, unsuccessful, or administrative), identify any ancillary programs in which the Offender participated while in treatment, and must outline an Aftercare Plan, including further treatment recommendations, as applicable. The Contractor shall maintain the supporting documentation for discharge in the Offender’s Clinical File.

e. The Contractor shall have a detailed procedure of the discharge process for services provided under this Contract. This procedure shall describe the specific criteria for Successful, Unsuccessful, and Administrative Discharges, as defined in Section III., H., 3., Program Discharge.

4. Offender Payments

a. An Offender’s payment status will be indicated by the Department on the DC5-404 (Department Funded, Co-Payment or Full/Self-Payment Status). All terms and conditions of this Contract shall apply equally to each Department-referred Offender receiving services, regardless of payment status. The Contractor may refuse services if an Offender in Co- Payment Status or Full/Self-Payment Status does not pay the required fees. The Contractor shall notify the Offender’s Supervising Probation Officer if this occurs and document the notification in its monthly progress report.

b. The Contractor shall establish and maintain a procedure for the collection, receipting, and accounting of Offender payments, as well as any additional fees an Offender may incur. This procedure shall describe in detail the process for receiving and recording Offender payments;

follow Generally Accepted Accounting Principles (GAAP); follow policies regarding timeframes for payments; include consequences to an Offender if they fail to pay as required;

include a description of any fees charged to Offenders; include a description and purpose of all fees. The Contractor must submit any fee not specified in this Contract to the LCQAC for review and approval prior to its assessment.

c. It is the responsibility of the Contractor to collect the fees owed by an Offender in Co- Payment or Full/Self-Payment Status. The Department is not responsible for collecting any payment from any Offender, including the collection of overdue or unpaid amounts an Offender might owe to the Contractor. The Department will only pay, directly to the Contractor, for services provided by the Contractor or approved Subcontractor(s).

I. Contractor Service Tasks

1. The Contractor shall require each Offender to sign an attendance report/sign-in sheet for verification of attendance at each treatment event. This attendance report/sign-in sheet shall identify the offender’s name and DC number, the date, time, duration, place of the treatment event and the treatment counselor facilitating the treatment event.

2. The Contractor shall advise the Department’s Supervising Probation Officer or designee, in writing, within three (3) Days of an Offender’s absence from any appointment, individual counseling session, or group counseling session.

3. The Contractor shall conduct all assessments, group sessions and individual sessions at sites approved by the Department’s Contract Manager, or designee, in writing, prior to services being rendered.

4. The minimum clinical time requirements for group and individual counseling sessions shall be utilized to provide direct clinical services to Offenders and shall not be utilized for administrative activities, case management activities, or any other associated tasks (i.e., writing case notes, report writing, general paperwork, etc.).

5. The Contractor shall ensure that the waiting time from completion of the mental health or sex offender assessment to treatment start date does not exceed 10 Days, unless exceptional circumstances exist, and the Department’s Supervising Probation Officer or designee has been advised. The notification of exceptional circumstances to the Department’s Supervising Probation Officer or designee must be noted in the Offender’s Clinical File.

6. If an Offender reschedules the mental health or sex offender assessment appointment the

Contractor shall advise the Department’s Supervising Probation Officer or designee via written notice or telephonically within 24 hours. If an Offender fails to appear for the scheduled appointment, the Contractor shall advise the Department’s Supervising Probation Officer or designee, in writing, within three (3) Business Days. The notice shall be provided via the DC5-404 within three (3) Business Days of the missed appointment, or by other written notice.

7. The Contractor shall refer all Offenders assessed and determined to need services, other than (OPMH/SO) treatment, back to the referring Supervising Probation Officer for appropriate follow-up with the sentencing court or releasing authority. In such cases, the Contractor shall document their recommendation in the written narrative summary of the mental health or sex offender assessment within 10 calendar days of receipt of the referral.

8. The Contractor shall have a procedure for its screening process to include timeframes, screening tools utilized, and provisions for offenders who do not meet the criteria for (OPMH/SO) treatment.

J. Services to be Provided

1. Mental Health Assessment, Sex Offender Assessment, and Treatment Program Orientation

The Contractor shall conduct the mental health assessment or the sex offender assessment on the Offender within 10 Days of receipt of the Department’s referral to determine the level of services needed, or other disposition for each Offender, unless exceptional circumstances exist, and the Department’s Supervising Probation Officer or designee has been advised. The notification of exceptional circumstances to the Department’s Supervising Probation Officer or designee must be noted in the Offender’s Clinical File. The Contractor shall document the rationale for their recommendation or action taken in the Offender’s Clinical File. The Contractor shall refer all Offenders identified during the mental health assessment as needing mental health treatment interventions to the appropriate treatment regardless of whether the Offender admits to mental health to enter treatment. The mental health assessment shall comply with ethical standards of practice: and, at a minimum, shall include:

a. Mental Health Assessment/Sex Offender Assessment

A mental health assessment shall be conducted as a clinical diagnostic interview and shall be a minimum of 50 minutes in duration and be completed via of face-to-face or approved Telehealth individual contact. The assessments shall include the following:

1) Case History;

2) Mental status examination;

3) Clinical impressions, includes a statement regarding if a formal psychological evaluation is need, inclusive of testing, is needed;

4) Treatment recommendations;

5) Development of an ITP; and

6) Empirical/Actuarial driven risk assessment instruments (sex offender assessment only)

The Contractor shall provide a written summary report of the mental health or sex offender assessment, including treatment recommendations, to the Department’s Supervising Probation Officer or designee within 10 Business days after the mental health or sex offender assessment is conducted, unless exceptional circumstances exist, and the Department’s Supervising Probation Officer or designee has been advised.