FY26 - FY27 RFP - Electrical Services.pdf

The Ohio Department of Mental Health and Addiction Services (OhioMHAS),Central Ohio Behavioral Healthcare is requesting proposals for:

Electrical Services

For the Period: State Fiscal Year 2026 & 2027 – July 1, 2025 through June 30, 2027

Submit Proposals through the Ohio|Buys website for this particular RFP.

This RFP consists of 44 pages. Please verify that you have a complete copy.

Please submit all inquiries about this RFP through the Ohio|Buys website for this particular RFP. Please refer to Part Three of this RFP, “General Instructions”, for more information about submitting inquiries. All responses to inquiries submitted by Proposers will be posted on the RFP Inquiry tab for viewing by all prospective Proposers.

REQUEST FOR PROPOSALS (RFP)

PART ONE: STRUCTURE OF THIS RFP

PARTS

Part One Structure of this RFP Part Two Information on requested services Part Three General Instructions Part Four Evaluation of Proposals Part Five Contract Award

ATTACHMENTS

Appendix 1 – Standard Affirmation and Disclosure Form o Standard Affirmation and Disclosure Form must be signed by an authorized official of Proposer’s organization and must be included for any proposal to be scored

Appendix 2 – Contractor Information Form o Contractor Information Form must be completed and submitted with the proposal.

PART TWO: SERVICES REQUESTED INFORMATION

I. MISSION & GUIDING PRINCIPLES

The mission of the Ohio Department of Mental Health and Addiction Services (OhioMHAS) is to provide statewide leadership of a high-quality mental health and addiction prevention, treatment and recovery system that is effective and valued by all Ohioans. OhioMHAS strives to be a national leader in implementing a comprehensive, accessible, and quality-focused system of addiction and mental health care and wellness for all Ohio citizens.

II. PURPOSE

The Ohio Department of Mental Health and Addiction Services (OhioMHAS) is seeking proposals from qualified contractors to perform electrical services at Central Ohio Behavioral Healthcare, 2200 West Broad Street, Columbus Ohio 43223.

III. BACKGROUND

The Ohio Department of Mental Health and Addiction Services, Central Ohio Behavioral Healthcare located in Columbus Ohio, is currently negotiating a General Service Agreement for electrical services.

IV. SCOPE OF WORK AND DELIVERABLES

• Anticipated Contract periods: State Fiscal Year 2026-2027: State Fiscal Year 2026- July 1, 2025 through June 30, 2026 and State Fiscal Year 2027- July 1, 2026-June 30, 2027

• It is anticipated that the total amount of work to be performed will not exceed $35,000 per contract period each fiscal year. Parts shall not exceed $15,000

• The bid should show hourly rate for above services during normal working hours, after hours work, weekends and holidays and be accompanied by any written certifications.

Invoices must be itemized to clearly reflect labor and materials separately (if any materials are used). Materials may be provided by COBH. A quote will be required if contractor is to provide any materials. This quote will need to be approved by COBH representative prior to materials being ordered or used.

• COBH will request and schedule services as needed. All planned work shall be performed during regular working hours (7:30 a.m. to 4:00 pm., Monday through Friday).

• Service Rates – This contract shall include commitment for emergency calls on an ‘as needed’ basis deemed emergency by COBH. The Contractor must have adequate personnel to be capable of responding to emergencies 24 hours per day, 365 days per year. Response time shall be no more than 2 hours for emergency calls. The hourly charge for emergency services should include all costs related to providing the service (i.e., equipment and personnel, etc.). Hourly charges for emergency services shall commence upon arrival to our facility. An itemized invoice shall be provided for all emergency services.

• Service during regular working hours shall be billed at regular hourly wage rates. Service during hours other than 7:30 a.m. to 4:00 p.m. shall be listed clearly to describe overtime and holiday rates. The Contractor must have adequate personnel and equipment to respond to emergencies 24 hours per day, 365 days per year.

V. MINIMUM QUALIFICATIONS OF CONTRACTOR

• The purposed site supervisor and/or technicians shall have a minimum of three (3) years’ experience in electrical work. The technicians shall be licensed in accordance with State of Ohio laws. If an unlicensed technician will be on site, the licensed electrician shall oversee all work being completed and remain on site at all times.

• Contractor shall use trained personnel directly employed or supervised by Contractor’s Company.

• Refer to Appendix 4 for other requirements from contractor.

Contractor shall not be subject to an “unresolved” finding for recovery under Section 9.24 of Ohio Revised Code.

VI. ETHICAL AND CONFLICT OF INTEREST REQUIREMENTS

No contractor or individual, company or organization seeking a contract shall promise or give to any OhioMHAS employee any item of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties.

No contractor or individual, company or organization seeking a contract shall solicit any OhioMHAS employee to violate any of the conduct requirements for employees.

Any contractor acting on behalf of OhioMHAS shall refrain from activities that could result in violations of ethics and/or conflicts of interest. Any contractor or potential contractor who violates the requirement and prohibitions defined Section 102.03 or Section 102.04 of the Ohio Revised Code is subject to termination of the contract or refusal by OhioMHAS to enter into a contract.

PART THREE: GENERAL INSTRUCTIONS

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

I. CALENDAR OF EVENTS & ONLINE INFORMATION

The schedule for this RFP is given with the Ohio|Buys solicitation and is subject to change.

OhioMHAS may change this schedule at any time. If OhioMHAS changes the schedule before the Proposal Due Date, it will do so through an announcement on the Ohio|Buys web site area for this. The web site announcement will be followed by an addendum to this RFP, which also will be made available through the same Ohio|Buys web site, a possible new round or lot may be started.

It is each prospective Proposer’s responsibility to check the Ohio|Buys web site’s solicitation area for this RFP for current information and the calendar of events scheduled through award of any contract.

Other than by adherence to the RFP Inquiry process, set forth within Ohio|Buys, no contact related to this RFP shall be made with OhioMHAS until a contract award is announced.

Notwithstanding this prohibition, OhioMHAS, at its sole discretion, may request additional information as part of the review process outlined below.

II. PROPOSAL FORMAT

Proposals must be prepared in accordance with instructions in this section. The proposal must clearly outline how each of the deliverables of Part 2 Section IV will be completed and with the time frames specified in that same section.

To be accepted, a proposal must include a technical proposal and a cost proposal as described in this section, contain all the information specified for each of the categories listed in this section, and meeting the requirements of this section. Both technical and cost proposal will be identified within the RFP on the Ohio|Buys web site and must be filled out in its entirety to be accepted.

A. Technical Proposal

a. Transmittal letter includes:

• Identifies the bidder

• The name, title, address, and telephone number of the proposer’s contract person with authority to answer questions concerning the RFP

• The name, title, address, telephone number, and email address of the proposer’s contact person with authority to execute a contract on behalf of the proposer.

b. Organizational experience including:

• Information on the background of the firm or individual, including background information of any subcontractor(s)

• Any prior experience relevant to this RFP (includes current contact names and phone numbers for these references), and a list of similar projects currently underway by the proposer or by any subcontractor(s) as well as completed over the past three (3) years unless requested otherwise within the Evaluation Section of this RFP. The Evaluation/Selection Review Committee will consider these additional references and may contact each of these sources.

c. Technical Approach and work plan that indicates how the proposer plans to address the purpose, objectives and deliverables, within the timeframes as stated in this RFP.

• A procedure for reporting the status of the project, including work completed.

• A proposal for how coordination will occur and how information will be shared with OhioMHAS

• A chart indicating the names of staff and staff hours/activities/tasks linked to the responsibility of each of those individuals involved in each deliverable of the project

• Samples of previous related projects

d. Personnel Qualifications

• Must include names, resumes, education, and experience of personnel listed in the table of organization/personnel chart for this project (including any subcontractors), and fully explain how their education and experience is relevant to the sections ____ of this RFP.

• OhioMHAS shall require a clause in the resulting contract regarding key personnel that any person identified as critical to the success of the project may not be removed without reasonable notice to OhioMHAS.

• One Project Manager shall be named on behalf of the proposer. All correspondence shall be directed through this named individual.

B. Cost Proposal

The cost proposal must indicate the total cost for the entire project and a separate cost breakdown for state fiscal year 2026 & 2027 for the following elements, each of which will be identified within the Financial Questionnaire in Ohio|Buys for the RFP.

ITEM

NO. QTY. UNIT DESCRIPTION UNIT

PRICE

EXTENDED

AMOUNT

1 50 Hrs.

FY26: Electrician hourly rate - Monday through Friday (7:30 am to 4:00 pm)

2 25 Hrs.

FY26: Electrician hourly rate – Monday through Friday (4:00 pm to 7:30 am)

3 25 Hrs.

FY26: Electrician hourly rate - Saturday, Sunday, and Holidays (7:30 am to 4:00 pm)

Travel cost should be encompassed within the cost of the deliverables. Travel is not to be listed separately. For purposes of this RFP, travel includes all modes of transportation (airfare, tax, car rentals, etc.), lodging expenses, meals, and cost of communications by phone, mail, e-mail, or fax.

III. PROPOSAL SUBMITTAL

Proposals must be submitted in the following manner:

• Proposals must be submitted via the Ohio|Buys website by no later than 2:00 pm EST on the date indicated on the sourcing project.

No proposals or corrections/additions to submitted proposals will be accepted after the Proposal Due Date and time. Proposals that are submitted after the Proposal Due Date

4 25 Hrs.

FY26: Electrician hourly rate -

(4:00 pm to 7:30 am)

5 50 Hrs. FY26: Helper hourly rate - Monday through Friday (7:30 am to 4:00 pm)

6 25 Hrs. FY26: Helper hourly rate – Monday through Friday (4:00 pm to 7:30 am)

7 25 Hrs.

FY26: Helper hourly rate - Saturday, Sunday, and Holidays (7:30 am to

8 25 Hrs.

FY26: Helper hourly rate - Saturday, Sunday, and Holidays (4:00 pm to

9 50 Hrs.

FY27: Electrician hourly rate - Monday through Friday (7:30 am to

10 25 Hrs.

FY27: Electrician hourly rate – Monday through Friday (4:00 pm to

11 25 Hrs.

(7:30 am to 4:00 pm)

12 25 Hrs.

(4:00 pm to 7:30 am)

13 50 Hrs. FY27: Helper hourly rate - Monday through Friday (7:30 am to 4:00 pm)

14 25 Hrs. FY27: Helper hourly rate – Monday through Friday (4:00 pm to 7:30 am)

15 25 Hrs.

FY27: Helper hourly rate - Saturday, Sunday, and Holidays (7:30 am to

16 25 Hrs.

FY27: Helper hourly rate - Saturday, Sunday, and Holidays (4:00 pm to and time will not be scored.

Proposals that are not submitted in the format requested will not be scored. Proposals that do not contain all of the required information will not be scored.

All costs incurred in the preparation of the Proposal shall be borne by the Proposer alone, and OhioMHAS shall not contribute, in any way, to the cost of the preparation of the Proposal.

Any and all documents developed by the Proposer during the course of this project will be provided to OhioMHAS upon request and will become the property of OhioMHAS, and the Proposer shall not assert any claims arising under copyright or otherwise inconsistent with the transfer of ownership of such documents.

All information submitted by the Proposer will be considered to be public information unless the proposer specifically demonstrates, in writing, which information it considers to be proprietary. “Proprietary information” is information which, if made public, would put the proposer at a disadvantage in the market place and trade in which the proposer is a part.

Consequently, an assertion of “proprietary” information must be clearly identified and the basis of the assertion must be included. It is not adequate for the bidder to simply state that disclosure of the information will put it at a disadvantage in the market place.

OhioMHAS will make the final decision as to whether information is “public” or “proprietary”.

OhioMHAS reserves the right to:

Accept or reject any and all Proposals and/or bids if OhioMHAS determines that it is in the best interests of the State to do so.

Rebid this RFP, requesting new Proposals from qualified firms.

Waive or modify minor irregularities in Proposals received.

Negotiate with Proposer(s), within the requirements of this RFP, to best serve the interests of the State of Ohio.

Require the submission of modifications or additions to Proposals as a condition of further participation in the selection process.

Fund any Proposal in full or in part; any assignments of work by OhioMHAS under the scope of this RFP will be made dependent on need and the availability of adequate, specific funding.

Not make an award at the end of the evaluation process; this RFP is not to be interpreted or construed to guarantee that one or more Proposers submitting responses will be awarded contracts.

Adjust the RFP Calendar of Event dates for whatever reason it deems appropriate.

Contact Proposer to clarify any portion of the Proposer’s submittal.

If, during the review process, OhioMHAS determines that it is necessary to make further distinctions between certain Proposers, OhioMHAS may request certain selected Proposers to interview or make a presentation to staff and reviewers. The Proposer shall bear the cost of travel to any scheduled interview.

In accordance with federal and state statutes and OhioMHAS policy, no person shall be excluded from participation or subject to discrimination in the RFP process on the basis of race, color, age, sex, national origin, military status, religion, or disability.

IV. INQUIRIES

From the issuance date of this RFP, until a contract is awarded to a proposer, there may not be communications concerning the RFP between any supplier who expects to submit a proposal and any employee of OhioMHAS involved in the issuing of the RFP. The only exception is provided through the submission of written requests for clarification/interpretation via the RFP through the Ohio|Buys website during the specified inquiry period.

Prospective Proposers may make inquiries or seek clarifications regarding this RFP any time during the inquiry period listed in the RFP Calendar of Events. To make an inquiry, prospective Proposers must use the Inquiry tab on the RFP in Ohio|Buys to submit all inquiries or to seek clarification.

Prospective Proposers submitting inquiries will receive an immediate acknowledgement by e-mail that their inquiry has been received. The prospective Proposer who submitted the inquiry will not receive an e-mail response to the question, but will need to view the response on the State Procurement web site where it will be posted for viewing by all prospective Proposers.

Prospective Proposers may all view inquiries through the Inquiry tab located within the

RFP.

OhioMHAS will try to respond to all properly posed inquiries within 48 hours, excluding weekends and state holidays. OhioMHAS will not respond to any inquiries received after the date and time indicated on the RFP. Prospective Proposers who attempt to seek information or clarifications verbally will be directed to reduce their questions to writing in accordance with the terms of this RFP and state purchasing policy. No other form of communication is acceptable and use of any other form of communication or any attempt to communicate with OhioMHAS staff or any other agency of the State to discuss this RFP may result in the Proposer being deemed ineligible.

PART FOUR: EVALUATION OF PROPOSALS

I. EVALUATION PROCESS

OhioMHAS’s evaluation process of responses submitted to this request may consist of up to four distinct phases:

1. OhioMHAS’s initial review of all proposals for timely submission;

2. An evaluation committee review of the proposals for defects and scoring;

3. OhioMHAS’s request for more information (clarifications, interviews, presentations, and/or demonstrations); and,

4. Negotiations or best offer requests.

At its sole discretion, OhioMHAS will determine whether phases three and/or four are necessary under this RFP, reserving for itself the ability to eliminate or add phases three or four at any time during the evaluation process. OhioMHAS may add or remove sub-phases to phases 2 through 4 at any time if MHAS believes doing so will improve the evaluation process.

II. PROPOSAL EVALUATION CRITERIA

In the proposal evaluation phase, OhioMHAS staff or reviewers selected by OhioMHAS (the committee) will rate the proposals submitted in response to this RFP based on the following criteria and weight assigned to each criterion.

Evaluation Criteria Weight Rating Extended Score

Technician Experience/Certification 30

Experience working with State Agencies 10

Experience servicing a Mental Health Facility 20

Experience servicing a Mental Health Forensic Facility 20

Pricing comparable to Competitive Market 20

Total:

III. SCORING

Each proposal will be scored, and numerical technical point values will be assigned according to the criteria listed below. The scale (0-5) will be used to rate each Proposal response to the RFP on the technical evaluation sections. The Ohio Department of Mental Health and Addiction Services will score the Proposal responses by multiplying the score received in each category by its assigned weight and adding all categories together for the Offeror’s total technical score.

RATINGS DEFINED:

Point Value

Explanation

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

1 WEAK: Response description is poor related to meeting the objectives.

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

3 MEETS: Response description generally meets the objectives or expectations.

4 MEETS TO STRONG: Response description indicates the objectives will be exceeded.

5 STRONG: Response description 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.

The minimum acceptable score to award a contract will be: __300 __

PART FIVE: CONTRACT AWARD

I. CONTRACTUAL REQUIREMENTS

Any contract(s) resulting from this issuance of this RFP are subject to the terms and conditions as provided in the personal services contract. The information contained in the RFP and in the proposal submitted by the selected contractor shall be considered part of the contract.

Payments for any and all services provided pursuant to the contract are contingent upon the availability of state and federal funds.

All aspects of the contract apply equally to work performed by any and all subcontractors.

The Contractor, and any subcontractor(s), will not use or disclose any information made available to them for any purpose other than to fulfill the contractual duties specified in the RFP. The Contractor, and any subcontractor(s), agrees to be bound by the same standards of confidentiality including federal and state statutory and regulatory requirements that apply to the employees of OhioMHAS and the State of Ohio.

Before a contract can be awarded, an Affirmative Action Program Verification Form must be completed using the Ohio Business Gateway Electronic filing website (https://ohiobusinessgateway.ohio.gov). Contractor must have an approved Affirmative Action plan recorded with the State of Ohio Department of Administrative Services.

II. CONTRACT AWARD PROCESS

It is OhioMHAS’s intention to award one or more contract(s) under the scope of this RFP and as based on the RFP Calendar of Events schedule, so long as OhioMHAS determines that doing so is in the State’s best interests and OhioMHAS has not otherwise changed the award date.

Any award decision by OhioMHAS under this RFP is final. After OhioMHAS makes its decision under this RFP, all Contractors will be notified (in writing or by phone, at OhioMHAS’s discretion) of the final evaluation and determination as to their Proposals.

OhioMHAS will issue a notice of contract award to the selected Contractor(s) and finalized contract terms and conditions will be forwarded for signature. Contract will include RFP and attachments and the Contractor’s accepted proposal. Once executed copies of the contract are submitted by the Contractor(s) and pending any further approvals that may be required (e.g., State Controlling Board), OhioMHAS will fully execute the contract.

Once the contract is fully executed, OhioMHAS will issue a purchase order (PO).

OhioMHAS will issue to the Contractor(s) one (1) copy of the signed instrument and one

(1) copy of the PO for its/their files.

Unless otherwise negotiated and included in the executed contract/scope of work, the selected contractor(s) shall be bound by all outlined services, policies and procedures as contained in the contractor’s submitted and evaluated proposal.

Contractor may commence work upon receipt of a state issued purchase order.

The selected contractor(s) shall be compensated based on deliverables listed in the RFP.

The personal services contract issued will further specify the timelines for completion of each deliverable and payment structure.

III. NUMBER OF AWARDS

It is OhioMHAS’s intention to award one or more contract(s) depending on programs’ needs and the fit of the Contractor(s) to the scope of this RFP.

IV. FUNDING APPROVAL THRESHOLD

In the event that contractual expenditures with the selected Contractor(s) will exceed $50,000 in spending under any contract that results from this RFP, or that otherwise exceed $50,000 in aggregate spending across all contracts between the contractor and OhioMHAS, the contract will be subject to the approval of the State of Ohio Controlling Board.

Appendix 1:

Executive Order 2019-12D

Governing the Expenditure of Public Funds for Offshore Services

No Contract Funds May be Spent Offshore

Executive Order 2019-12D “Governing the Expenditure of Public Funds for Offshore Services” prohibits the use of any public funds within the control of an executive agency to purchase services which will be performed outside of the United States. The Executive Order can be found at the following website:

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

To be considered by the OhioMHAS, a bid response must be accompanied by an Affirmation and Disclosure in the form attached to this RFP.

STANDARD AFFIRMATION AND DISCLOSURE FORM -EXECUTIVE ORDER 2019-12D

Governing the Expenditure of Public Funds on Offshore Services

By the signature affixed hereto, Contractor affirms, understands and will abide by the requirements of Executive Order 2019-12D. Both Contractor and any of its subcontractors shall perform no services under any contract with the Department of Developmental Disabilities outside of the United States.

The Contractor shall provide all the name(s) and location(s) where services under any contract with the Department of Developmental Disabilities will be performed in the spaces provided below or by attachment. Failure to provide this information may subject the Contractor to sanctions. If the Contractor will not be using subcontractors, indicate “Not Applicable” in the appropriate spaces.

1. Name/Principal location of Contractor:

(Name) (Address, City, State, Zip)

2. Name/Principal location of subcontractor(s):

3. Location(s) where services will be performed by Contractor or by subcontractors if different from principal location(s):

(Address, City, State, Zip) (Address, City, State, Zip)

4. Location where state data will be stored, accessed, tested, maintained or backed-up, by Contractor or subcontractors if different from principal location(s):

(Address, City, State, Zip) (Address, City, State, Zip)

Contractor affirms that Contractor and all subcontractors shall immediately disclose to the Department of Developmental Disabilities any change or shift in location of services performed by Contractor or subcontractors after execution of any Contract with the Department. On behalf of the Contractor, I am duly authorized to execute this Affirmation and Disclosure form and have read and understand that this form is a part of any Contract that Contractor may enter into with the Department and is incorporated therein.

By:

Contractor Signature Printed Name and Title

Date:

Appendix 2:

Contractor Information Form

The Contractor Information Form must be filled out and returned with a bid response.

CONTRACTOR INFORMATION FORM

THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL

CONTRACTOR NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

AUTHORIZED CONTACT NAME:

PHONE NUMBER: EMAIL:

1. Identify all of contracts currently with the State of Ohio (including OhioMHAS).

Total # of Contracts:

State Agency: Amount:

Contracted Services:

Duration of Contract:

(Attach additional sheets if necessary.)

2. Provide current employee information on both a nationwide basis (including Ohio), and Ohio’s based operations.

NATIONWIDE OHIO

Total # of Employees:

Percent of Women:

Percent of Minorities:

3. Provide OAKS Supplier ID or Tax Identification Number:

4. If your billing address is different than mailing address above, please provide below:

Contractor Name:

Street Address:

City: State: Zip Code:

Authorized Signature Date

Appendix 3:

Example of OhioMHAS’ General Service Agreement

The Example General Service Agreement (GSA) does not need to be filled out and returned with a bid response. The Contractor that is selected will be supplied with a completed OhioMHAS GSA to sign, once this has been determined.

Ohio Department of Mental Health and Addictions Services General Services Agreement

This contract between , hereinafter referred to as "Contractor," and the Ohio Department of Mental Health and Addiction Services (OhioMHAS), hereinafter referred to as "OhioMHAS," is entered into for the mutual benefit of each.

I. STATEMENT OF WORK

a. Contractor shall undertake the work and activities set forth in the Invitation to Bid, Bid Specifications, Request for Purchase, as applicable, and Scope of Work, which is attached hereto as Exhibit I, and incorporated by reference as if fully written herein. Contractor shall consult with OhioMHAS personnel and other appropriate persons, agencies, and instrumentalities as necessary to assure understanding of the work and satisfactory completion thereof.

b. It is fully understood and agreed that Contractor is an independent contractor and is not an agent, servant, or employee of the State of Ohio or OhioMHAS for any purpose, including purposes of Chapter 145 of the Ohio Revised Code. Contractor declares that it is engaged as an independent business and has complied with all applicable federal, state, and local laws regarding business permits and licenses of any kind, including but not limited to any insurance coverage that is required in the normal course of business.

c. Contractor shall furnish professional services performed in accordance with standards necessary for the satisfactory performance of the work hereunder. OhioMHAS shall not be required to provide any training to the Contractor to enable it to perform services required hereunder. Contractor agrees that it does not have any authority to sign agreements, notes, and/or obligations or to make purchases and/or dispose of property for, or on behalf of, the State of Ohio or OhioMHAS.

d. Unless stated otherwise in the Invitation to Bid, Bid Specifications, Request for Purchase, or Scope of Work, Contractor shall furnish its own support staff, materials, tools, equipment, and other supplies necessary for the satisfactory performance of the work hereunder. Contractor shall be responsible for and assume all office and business expenses that are incurred as a result of the performance of this contract, unless stated otherwise.

e. Any travel-related expenses incurred by the Contractor under this contract shall be at the Contractor's expense.

f. OhioMHAS may, from time to time as it deems appropriate, communicate specific instructions and requests to Contractor concerning the performance of the work described in this contract. It is expressly understood by the parties that these instructions and requests are for the sole purpose of performing the specific tasks requested to ensure satisfactory completion of the work described in this contract. The management of the work, including the exclusive right to control or direct the manner or means by which the work described herein remains with and is retained by the Contractor. OhioMHAS retains the right to ensure that the work of the Contractor is in conformity with the terms and conditions of the contract.

g. The Contractor must receive written approval from OhioMHAS 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.

i. Throughout the term of this contract, the Contractor shall provide OhioMHAS 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.

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

Revised March 2024 that facility.

TIME OF PERFORMANCE

This contract shall commence on and shall expire on

b. In the event that the work hereunder is to be done in separate phases or tasks, each phase or task shall be completed within the time prescribed.

c. Upon the expiration of this contract, OhioMHAS and the Contractor may renew this contract under the same terms and conditions stated herein. Such renewal shall be by written addendum executed by the both parties evidencing their agreement to renew the contract. In the event that the parties hereto do not execute an addendum evidencing the parties' agreement to renew this contract, the contract shall expire on the date set forth above and neither party to this contract shall have any further obligations hereunder.

III. COMPENSATION

a. In consideration for the promises and performance of Contractor as set forth herein, OhioMHAS agrees:

(check one)

To pay to Contractor, upon completion of each deliverable or task and upon actual receipt of proper invoices, compensation at the rate(s) specified in Exhibit I; or

To pay to Contractor, upon actual receipt of proper invoices, compensation at the hourly rate(s) specified in Exhibit I for services performed; or

A lump sum amount of $ for services performed in accordance with Exhibit I.

It shall be mutually agreed and understood between both parties that the total amount to be paid by OhioMHAS to the Contractor under this contract shall in no event exceed the sum of $

Contractor receives prior approval from OhioMHAS or when required, approval of the Controlling Board and is so notified of such approval by OhioMHAS in writing.

In accordance with Section 126.30 of the Revised Code, and any applicable rules thereto, OhioMHAS shall make prompt payment for any services acquired from the Contractor. Upon receipt of a proper invoice and unless otherwise stated, payment shall be made within thirty (30) calendar days. The adequacy and sufficiency of all invoices shall be determined solely by OhioMHAS. If OhioMHAS determines that an invoice is inadequate or insufficient, or determines that further documentation or clarification is required, the burden of proving the required information or documentation is on the Contractor. OhioMHAS shall notify the Contractor in writing of the inadequacy or insufficiency and may provide any information necessary to correct the inadequacy or insufficiency. If such notification of inadequacy or insufficiency is sent, the required payment date shall be thirty (30) days after receipt of the corrected invoice.

Contractor shall submit an invoice for the work performed consistent with Exhibit 1. Each invoice shall contain an itemization of the work performed, including dates the work was performed and total hours worked, if required, the location or address where the work was performed, and the sum due at that time pursuant to this Agreement. All invoices shall contain Contractor's name and address and shall reference OhioMHAS and list the billing address as , Attn: , . All invoices for services rendered under this contract must be submitted by the Contractor no later than sixty (60) days after the expiration of the contract term. No payment shall be issued for invoices submitted more than sixty (60) days past the expiration of the contract term. After receipt and approval by OhioMHAS of a proper invoice, as defined by Ohio Adm. Code 126-3-01(A)(5), payment will be made pursuant to Ohio Adm. Code 126-3-01.

Unless otherwise directed by OhioMHAS, invoices should be directed via email to:

e. It is expressly understood by the parties that none of the rights, duties, and obligations described in this contract shall be binding on either party until all statutory provisions under the Ohio Revised Code, including but not limited to Section 126.07, Section 3517.13, or Chapter 102, have been complied with and until such time as all necessary funds are made available and forthcoming from the appropriate state agencies, and, when required, such expenditure of funds is approved by the General Assembly and the Controlling Board of the State of Ohio or, in the event that federal funds are used, until such time that OhioMHAS gives the Contractor written notice that such funds have been made available to it, by the State's funding source.

f. Notwithstanding anything in this Agreement to the contrary, Contractor acknowledges that the Ohio Legislature and the Controlling Board of Ohio (each a “Governing Authority”) must approve the appropriation and release of funds in connection with OhioMHAS’ spending authority for each state biennium. It is agreed that any and all obligations of funds under this Agreement extending beyond the current biennium are contingent upon the continuing availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding authority for the obligations that may be due under this Agreement, then all of Contractor’s and OhioMHAS’ obligations under this Agreement, except those that by their nature or by designation survive termination, are terminated as of the date that the funding expires.

g. To receive payment, Contractor must provide Electronic Funds Transfer (EFT) payment information within the State of Ohio’s, OhioPays Portal. Electronic Funds Transfer is a method of payment that directs funds electronically to the Contractor’s financial institution account through the provision of the Contractor’s financial institution routing/transit number and account number.

IV. GENERAL PROVISIONS

a. ENTIRE AGREEMENT: The contract, when signed by both parties, along with any attachments, 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 as to the subject matter herein, 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.

b. AMENDMENTS: OhioMHAS and the Contractor agree that any amendment or modification including, but not limited to a change in the rate(s) or type(s) of service shall require a written agreement signed by both parties.

c. 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, without regard to choice of law provisions, and only Ohio courts shall have jurisdiction over any action or proceeding concerning the contract or performance thereunder.

d. CONTRACT CONSTRUCTION: This contract will be construed in accordance with the plain meaning of its language and neither for nor against the drafting party.

e. HEADINGS: The headings used in this contract are for convenience only and will not affect the interpretation of any of the contract terms and conditions.

f. ORDER OF PRIORITY: If there is any inconsistency or conflict between this document and any provision incorporated by reference, this document will prevail.

g. SEVERABILITY: If any provision of this contract or the application of any provision of this contract is held to be contrary to law, the remaining provisions will remain in full force and effect.

h. 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 OhioMHAS. Any assignment or delegation not consented to may be deemed void by OhioMHAS.

EQUAL EMPLOYMENT OPPORTUNITY: The Contractor will comply with all state and federal laws regarding equal employment opportunity, including Ohio Revised Code Section 125.111 and all related Executive Orders.

Before a contract can be awarded or renewed, an Affirmative Action Program Verification Form must be completed using the Ohio Business Gateway Electronic Filing website http://business.ohio.gov/efiling/. Approved Affirmative Action Plans may be found at the Equal Opportunity Department's website: http://eodreporting.oit.ohio.gov/searAffirmativeAction.aspx

BUSINESS ASSOCIATE AGREEMENT/QUALIFIED SERVICE ORGANIZATION AGREEMENT:

If applicable, the Contractor agrees to execute the OhioMHAS business associate agreement and/or qualified services organization agreement relating to services rendered under this contract. In addition, OhioMHAS may require Contractor, its employees and agents to submit to basic HIPAA/42 CFR Part 2 orientation provided by OhioMHAS.

ACCREDITATION STANDARDS: The services to be performed under this contract shall meet standards required by the Joint Commission, Centers for Medicaid & Medicare Services or other accrediting or certifying organizations, as appropriate.

AUDITS and RECORDS INSPECTION: The Contractor must keep all financial records in a manner consistent with generally accepted accounting principles. Additionally, the Contractor must keep separate business records for this project, including records of disbursements and obligations incurred that must be supported by contracts, invoices, vouchers and other data as appropriate.

During the period covered by this contract and until the expiration of three (3) years after final payment under this contract, the Contractor agrees to provide the State, its duly authorized representatives or any person, agency or instrumentality providing financial support to the work undertaken hereunder, with access to and the right to examine any books, documents, papers and records of the Contractor involving transactions related to this contract.

The Contractor shall, for each subcontract in excess of two thousand five hundred dollars ($2,500), require its subcontractors to agree to the same provisions. The Contractor may not artificially divide contracts with its subcontractors to avoid requiring subcontractors to agree to this provision.

The Contractor must provide access to the requested records no later than five (5) business days after the request by the State or any party with audit rights. If an audit reveals any material deviation from the contract requirements, and misrepresentations or any overcharge to the State or any other provider of funds for the contract, the State or other party will be entitled to recover damages, as well as the cost of the audit.

If this contract or the combination of all other contracts with the Contractor exceeds ten- thousand dollars ($10,000) over a twelve (12) month period, the Contractor agrees to allow federal government access to the contracts and books, documents, and records needed to verify the Contractor's and/or subcontractor's costs.

ANTITRUST ASSIGNMENT TO THE STATE: Contractor assigns to the State of Ohio, through the OhioMHAS, all of its rights to any claims and causes of action the Contractor now has or may acquire under state or federal antitrust laws if the claims or causes of action relate to the services provided under this contract. Additionally, the State of Ohio will not pay excess charges resulting from antitrust violations by Contractor's suppliers and subcontractors.

DRUG-FREE WORKPLACE: The Contractor agrees to comply with all applicable state and federal laws regarding smoke-free and drug-free workplaces. The Contractor agrees to require that all its http://business.ohio.gov/efiling/ http://eodreporting.oit.ohio.gov/searAffirmativeAction.aspx employees, while working on state property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

o. OWNERSHIP: OhioMHAS 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 OhioMHAS shall be subject to copyright, trademark or patent by the Contractor in the United States or any other country.

p. PUBLICITY: The Contractor will not advertise that it is doing business with the State or use this contract as a marketing or sales tool without prior, written consent of the State.

q. OHIO ELECTIONS LAW: Contactor, by signature affixed on this document, hereby certifies that all applicable parties listed in Division (I)(3) or (J)(3) of ORC 3517.13 are in full compliance with divisions (I)(1) and (J)(1) of ORC 3517.13.

r. OFFSHORE SERVICES: Contractor affirms to have read and understands Executive Order 2019-12D and 2022-02D and shall abide by those requirements in the performance of this Agreement.

Notwithstanding any other terms of this Agreement, OhioMHAS reserves the right to recover any funds paid for services Contractor performs outside of the United States for which it did not receive a waiver.

OhioMHAS does not waive any other rights and remedies provided OhioMHAS in this Agreement.

Contractor agrees to complete the attached Exhibit 2, Executive Order 2019-12D Affirmation and Disclosure Form, and Exhibit 3, Executive Order 2022-02D Affirmation and Disclosure Form which is incorporated and becomes a part of this Agreement.

s. FORCE MAJEURE: If OhioMHAS or the Contractor is unable to perform any part of its obligations under this contract by reason of force majeure, the party will be excused from its obligations, to the extent that its performance is prevented by force majeure for the duration of the event. The party must remedy with all reasonable dispatch the cause preventing it from carrying out its obligations under the contract. The term "force majeure" means without limitation: acts of God such as epidemics; lightning;

earthquakes; fires; storms; hurricanes; tornadoes; floods; washouts; droughts; other severe weather;

explosions; restraint of government and people; war; strikes; and other like events; or any cause that could not be reasonably foreseen in the exercise of ordinary care, and that is beyond the reasonable control of the party.

t. STRICT PERFORMANCE: The failure of either party at any time to demand strict performance by the other party of any of the terms of this contract will not be construed as a waiver of any such term, and either party may at any time demand strict and complete performance by the other party.

u. TAXES: The Contractor affirms that it is not delinquent in the payment of any applicable federal, state, and 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. OhioMHAS and the State of Ohio shall not be liable for any taxes under this contract.

v. WORKERS' COMPENSATION: The Contractor must maintain workers' compensation insurance as required by Ohio law and the laws of any other state where work is performed under this contract. The Contractor must submit proof or workers' compensation insurance upon request.

w. UNRESOLVED FINDINGS: The Contractor warrants that it is not subject to an unresolved finding for recovery as defined in O.R.C. 9.24. If the warranty is deemed to be false, this contract is void ab initio and the Contractor shall immediately repay the State any funds paid under this contract.

x. OHIO ETHICS: The Contractor is responsible to review and comply with all relevant provisions of O.R.C Chapters 102 and 2921, as interpreted by the courts of the State and the opinions of the Ohio Ethics Commission. In addition, the Contractor certifies that it is currently in compliance and will continue to adhere to the requirements of the Ohio ethics laws.

y. CRIMINAL BACKGROUND CHECK: The Contractor, its employees and agents may be subject to a criminal background check upon request by OhioMHAS, at the expense of OhioMHAS. Upon request, Contractor, its employees and agents must provide verification of said criminal background check.

OhioMHAS reserves the right to restrict access of its property and facilities to any employee or agent of Contractor based upon a criminal conviction or pending charge that could constitute a first degree misdemeanor or a felony under the Ohio Revised Code or other state or federal law, as determined by OhioMHAS. Failure to comply on behalf of the Contractor, its employees or agents may result in the termination of this contract.

z. BOYCOTTING: Contractor is not boycotting any jurisdiction with whom the State of Ohio can enjoy free trade, including Israel, and will not do so during the contract period.

aa. CONFIDENTIALITY: Contractor shall not discuss or disclose any information or material obtained pursuant to its obligations under this Agreement without the prior written consent of OhioMHAS.

Contractor agrees not to use advertising, news releases, sales promotions, or other publicity matters relating to any product or service furnished by Contractor wherein OhioMHAS’s name is mentioned, or language used from which a connection with OhioMHAS may be reasonably inferred, without the prior, written consent of OhioMHAS.

bb. COMPLIANCE WITH LAWS. Contractor, in the execution of its duties and obligations under this Agreement, agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances.

cc. CONFLICTS OF INTEREST. No personnel of Contractor who exercise any functions or responsibilities in connection with the review or approval of this Agreement or carrying out of any of the Work shall, prior to the completion of the Work, voluntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of the Work. Any such person who acquires an incompatible or conflicting personal interest on or after the effective date of this Agreement, or who involuntarily acquires any such incompatible or conflicting personal interest, shall immediately disclose his or her interest to OhioMHAS in writing. Thereafter, he or she shall not participate in any action affecting the Work, unless OhioMHAS shall determine in its sole discretion that, in light of the personal interest disclosed, his or her participation in any such action would not be contrary to the public interest.

V. TERMINATION

a. UNILATERAL TERMINATION: Prior to the expiration of the term of this contract, either party may unilaterally terminate this contract with thirty (30) days written notice to the other party.

b. DEFAULT: If the Contractor fails to perform any of the requirements of this contract, or is in violation of a specific provision of this contract, OhioMHAS may provide the Contractor written notice of the failure to perform or the violation and shall provide a thirty (30) day period to cure any and all defaults under this contract.