ITB_-_PEST_CONTROL_RCI.docx

Invitation to Bid Project Name or Services: Pest Control Services at Ross Correctional Institution

DRCl-26-0038

Background. The Ohio Department of Rehabilitation & Corrections (ODRC), as established under House Bill 494, with responsibilities defined in Ohio Revised Code 5120 oversees the supervision of over 44,900 offenders in Ohio at 28 state prisons, which includes 3 prisons operating as private prisons, contracted to the agency. The institutions vary in level of security and include corrections reception centers, correctional camps, and pre-release centers. The mission of ODRC is to reduce recidivism among those we touch. The values of the agency are aligned to support the mission of the agency. The values of the agency are as follows: (1) Take care of our staff; they will transform our incarcerated population (2) One team-one purpose (3) Civility towards all and (4) Hope is job one.

Summary: Ross Correctional Institution located at 16149 State Route 104, Chillicothe, OH 45601 is soliciting bids for a Personal Service Contract for the provision of Pest Control Services.

Service Period: August 1, 2025, through June 30, 2027. Additional renewals may be carried out based upon mutual agreement.

Contractor Requirements:

· Describe experience of firm in providing pest control services to ODRC institutions or organizations similar in size and scope.

· Provide documentation of necessary licenses, permits and certifications as applicable to service.

· Certify ability to provide Pest Control Services as requested in the Invitation to Bid.

· Confirm ability to adhere to State of Ohio and Ohio Department of Rehabilitation and Correction Policies and Terms and Conditions, including the Standards of Conduct.

· Complete any background checks, testing or contractor training, as requested by ODRC.

· Complete gate pass for tools as clearance to bring tools into institution.

Agency Requirements:

· Provide Contractor Orientation training.

· Provide security and maintenance escort to work areas, if required.

· Approve gate pass for tools and personnel to enter the facility.

· Inspect or approve work at completion of project.

A. SERVICE REQUIREMENTS

1. The pest control contactor will furnish the necessary labor, equipment, and material. The Contractor will provide the building with service for the extermination and prevention of pest infestation, of all reported infestation, plus scheduled services.

2. The scheduled service will include all offices, restrooms, eating areas, halls, service closets, panel closets, penthouse, crawl spaces, basement, sub-basement, vent stacks, food preparation, storage, dormitories, agricultural areas and any other areas that the institution deems necessary in the specifications including outside perimeter of building.

The Contractor shall perform routine pest control services that do not adversely affect building occupant health or productivity during the regular hours of operation in the buildings. When it is necessary to perform work outside of the regularly scheduled hours set forth in the following specifications of the institution listed herein, the Contractor shall notify the Health & Safety Coordinator at least one day in advance.

3. Pest control services shall be a process for achieving long-term, environmentally sound pest suppression using a variety of technological and management practices. Strategies in a pest control service program are to include monitoring and physical, cultural, biological, and procedural modifications that reduce the food, water, harborage, and access used by pests. Chemical controls are used as a last resort after considering non-toxic options.

4. All services are to be done during normal business hours, unless otherwise specified. It is to be the Contractor's responsibility to determine the amount of man hours necessary to cover the site. The Contractor must contact the Health & Safety Coordinator prior to any service and give a report on areas covered upon completion of services.

5. Contractors will adhere to all institution security requirements.

6. All Contract personnel working in or around buildings designated under this contract shall wear distinctive clothing. The Contractor shall determine the need for and provide any personal protective items required for the safe performance of work. Protective clothing, equipment, and devices shall comply with FIRE (Federal Insecticide, Fungicide and Rodenticide Act) and the specific pesticide labels.

B. VERMIN CONTROL

The successful Contractor will furnish necessary labor, equipment, and materials for extermination, control, and prevention of all pests including, but not limited to: rats, mice, roaches of all varieties, flies, bees of all varieties, yellow jackets, water bugs, bed bugs, fleas, lice, silverfish, spiders, ants and clover mites.

The following pests are excluded from this contract: birds, bats, and other vertebrates other than commensal rodent; termites and other wood-destroying organisms; mosquitoes; pests located outside buildings that primarily feed on outdoor vegetation. However, the Contractor may be called upon to control or remove these pests under the extra compensation provisions of the contract or as specified by specific institutions as listed herein.

Work Report - The Contractor's technician must submit to the institution's designated representative, signed copies of work orders, indicating check-in and check-out time, the area serviced, method used, the pesticide used, and the rate/concentration or amount of material applied. These orders will become the basis for the proof of services rendered to qualify the Contractor for payment. The Contractor is required to specify specific days that work will be performed weekly. On reporting to the institution, the Contractor will check-in on arrival, receive an escort throughout the institution to perform services and check-out upon completion of services. The Contractor shall provide detailed, site-specific recommendations for any structural and procedural modifications needed for pest prevention. No partial treatments of buildings will be accepted unless the Licensed Pesticide Applicator can provide reasonable evidence to the Health & Safety Coordinator that the infestation is localized within a specific area and will not spread beyond the zone of treatment.

Emergency Service The Contractor will provide emergency service to treat infested areas, upon request, within twenty-four (24} hours of notification. There will be no extra charge for such service. This Contractor's emergency service number shall give the institution access to the Contractor on a twenty-four (24} hour basis.

Initial Building Inspections - The Contractor and Health & Safety Coordinator shall conduct a thorough, initial inspection during the first month of this contract. The purpose of the initial inspection is for the Contractor to evaluate the pest control needs of the property and discuss these with the Health & Safety Coordinator. Access to the buildings shall be coordinated with the Health & Safety Coordinator. The inspection shall address:

1. Identification of problem areas in and around the buildings.

2. Identification of structural features or sanitation problems contributing to pest infestations.

3. Discussion of the effectiveness of previous control efforts.

4. Facilitation of Contractor access to all necessary areas.

Information about restrictions, special safety precautions, or other constraints of which the Contractor should be aware:

Inspections and Recommendations - The Contractor will perform inspections and make recommendation to facility managers monthly concerning repairs to the building that may be necessary to seal off entrance points of pests or rodents, and for the removal of harborages and food supplies. Indication or evidence of termites or other wood-destroying organisms should be reported immediately.

The Contractor shall describe physical, structural, operational, biological, and least hazardous chemical responses to pest populations that exceed the established thresholds or other measures aimed at preventing pest infestations. The Contractor shall use non-chemical methods wherever possible.

The Contractor shall minimize the use of pesticides whenever possible. These applications shall be restricted to unique situations where no alternative measures are available or practical and non chemical options have been exhausted. The pesticides used by the Contractor must be registered with the U.S. Environmental Protection Agency {EPA) and used in strict accordance with the manufacturer's label instructions and all applicable federal, state, and local laws and regulations.

The Contractor shall not use any pesticide until inspections or monitoring indicate the presence of pests that exceed action thresholds and non-chemical control methods or action have not reduced the pest population to below the action threshold. The Contractor shall provide a written report explaining the identity of the target pest, the need for such treatment, the time and specific place of treatment, the pesticide to be used, the method of application, what precautions should be taken to ensure tenant and employees safety, and the steps taken to ensure the containment of the pesticide to the site of application. The Contractor shall employ the least-hazardous material, most precise application technique, and minimum quantity of pesticide necessary to achieve control.

Pesticides - Pesticide applications shall be by need and not by schedule. The Contractor must obtain written permission from the Health & Safety Coordinator to use pesticides that require notification of staff under state law. All pesticides must be approved for use in food processing facilities and animal housing facilities by the Ohio Department of Agriculture, the U.S. Department of Agriculture, the Food and Drug Administration, the United States and Ohio Environmental Protection Agencies, and all other appropriate Federal, State, County or Local Agencies that have jurisdiction.

Pesticides must be administered by qualified technicians. The Contractor will comply with all rules and regulations set forth in The Federal Insecticide, Fungicide, Rodenticide Act, as currently amended; known as FIRE, and all articles of the Ohio Pesticide Law as currently amended.

The successful bidder will provide a list of all chemicals with EPA warning and antidotes to be used to the institution's Health & Safety Coordinator.

The Contractor will submit to the agency/institution, Health & Safety Coordinator, a Safety Data Sheet {SOS) prior to any product(s) being used at the agency/institution. The Contractor shall provide current labels for all pesticides to be used as well as brand names of pesticide application equipment, rodent bait boxes, pest monitoring devices, pest surveillance and detection equipment, and any other pest control devices or equipment that may be used to provide services.

The chemical compounds used to kill the pests will provide residual control for as long as can be reasonably expected, while still complying with the rotational requirement to avoid resistant populations of pests.

The Contractor will collect and dispose of all dead rats and mice, and the work will be performed in such a manner that interference with the building operation is minimal. The Contractor must leave the areas neat and clean.

C. INSECT CONTROL

Sticky traps shall be used to guide and evaluate indoor insect populations and control efforts as appropriate. The Contractor shall use non-chemical methods of control whenever possible for example:

1. Portable vacuums rather than pesticide sprays shall be used for initial cleanouts of cockroach infestations, for swarming {winged) ants and for control of spiders in webs whenever appropriate.

2. Exclusion and trapping devices rather than pesticide sprays shall be used for control of flying insects indoors, whenever appropriate.

3. Bait formulations shall be used for cockroach and ant control wherever appropriate. Bait shall be placed in areas inaccessible to employees and other building occupants.

The location of all monitoring devices, bait stations and other control devices shall be recorded in the pest control services logbook.

D. RODENT CONTROL

Outdoor Trapping - Rodenticide applications outside the building shall emphasize the direct treatment of rodent burrows whenever feasible. When rodent burrows cannot be located, exterior rodent control shall be accomplished with secured EPA-registered, tamper-resistant bait boxes. Each bait box shall be labeled with the Contractor's business name and address. Each bait box must be anchored and have date and initial stickers placed on the inside of each lid. Each sticker must be dated and initialed each month by the Contractor's Service Technician. Bait is to be secured within the bait station and should be changed at least every 90 days to ensure effectiveness. Tracking powder, mechanical traps and glue boards may be needed for additional rodent control. The Contractor at no additional charge shall provide these products (e.g. Glue Traps, Ant Traps & Fly Strips). The Contractor shall maintain a minimum of one {1} case of glue boards for the agency use on an as-needed basis or as otherwise requested within the specifications per facilities listed herein.

Indoor Trapping - Rodent control inside occupied buildings shall be accomplished with trapping devices only. All such devices shall be concealed out of general view and in an area inaccessible to employees and other building occupants and in protected areas not affected by routine cleaning and other operations. The Contractor must check trapping devices regularly. Each trapping device must have a date and initial sticker on the inside of each lid. The stickers must be dated and initialed each month by the Contractor's Service Technician. The Contractor shall dispose of rodents killed or trapped upon inspection during the Contractor's regularly scheduled service date. Trap-checking and rodent removal will be the responsibility of institutional personnel outside of the Contractor's regularly scheduled service date. In some cases, EPA-registered, tamper-resistant bait boxes may be used indoors, but only upon approval from the Health & Safety Coordinator.

E. SAFETY OBLIGATIONS

The Contractor will not use anything in the chemical formulation that will be injurious to human beings and animals, that will endanger health or life, damage electric wiring or any property, or equipment with which the formulation may come in contact. No deadly poisons: e.g. 1080, arsenic, bad odor types, etc., are to be used by the Contractor except under controlled conditions and with prior written approval from the institution's Health & Safety Coordinator. Pesticides must be applied by qualified operators licensed under the Ohio Pesticide Use and Application Law by the Ohio Department of Agriculture, Division of Plant Industry and Division of Animal Industry.

The Contractor must use chemicals compatible with humans’ safety and be applied in such a manner to minimize risks to humans and pets.

The Contractor will provide photocopies of the business' Pest Control License and Pesticide Applicator Certificates as well as the Pesticide Applicator's Licenses and Identification Badges for every Contract employee who will be performing on-site services under this contract.

Subcontracting- Only the Contractor will perform the services as specified. Subcontracting will not be allowed during the duration of the contract. All Contractors will be held solely responsible to meet the performance schedules and specifications for services in a timely and professional manner.

The Contractor shall be responsible for documenting each visit to the site and all services provided. This file shall include: A copy of the Contractor's approved Pest Control Services Plan, including labels and SOS for all pesticides used in the buildings, brand names of all pest control devices and the Contractor's service schedule for the buildings. Also to be included in the file are pest monitoring data sheets, which record the number and specific location of pests as revealed by the Contractor's monitoring program or sightings by building occupants.

The Contractor shall provide copies of a Contractor's Service Report Form at each service, documenting all information on the pesticide applications, including the check-in and check-out times, areas serviced, products used and the rate/concentration or amount of materials used.

Law and Ordinance Notification - The bidder is responsible for the knowledge and compliance to all pertinent requirements for pest control contained in any and all federal, state and local regulations.

Personnel -All applications must be made by technicians trained, licensed and certified to make such applications.

FOLLOWING: THE MONTHLY PEST CONTROL REQUIREMENTS

ROSS CORRECTIONAL INSTITUTION

16149 State Route 104, North Chillicothe, Ohio 45601 A. Areas to be Serviced Minimum of Once Monthly A-Building B-Building (Warden, Business Office, Cashier Office, Network Administrator, Training Rooms & Breakroom} B-Building (Personnel, DWSS, Training, Inspector & Investigator} Control Center Roll Call Room Visiting Room Medical 9-House Dl D2 Captains Office Kitchen, including North and South Dining Rooms Commissary North School Recovery Services Library The Shacks (North, South, Center & Rear} Rear Gate Mailroom & Package Room R&D Laundry Quartermaster for Incarcerated Persons & Staff Barber School North & South Recreation North OPI Warehouse Boiler Room Maintenance Yard Crew/Recycling Housing Units -1, 2, 3, 4, 5, 6, 7, 8, J Dorm Warehouse Garage

Areas to be Serviced Weekly: Food Service

1. Full Clean Out

2. Weekly service will be performed after cleanup of evening meal.

The contractor shall pay all such Federal, State and Local taxes as may be assessed against this contract while in or upon institution premises as well as such Federal, State and Local taxes assessed against it in connection with the operation of its business upon the institution premises.

1. All records shall be kept on file by the contractor and the contractor shall give the ODRC and its agents, the privilege, at any reasonable time, of inspecting, examining, and auditing its papers, bills, vouchers, invoices, records, books of accounts and sales slips; and it will freely lend its own assistance in making such inspections, examinations and audits.

2. It is mutually understood and agreed, and it is the intent of the parties that an independent contractor relationship be and is established under the terms and conditions of this agreement.

3. Neither the State of Ohio nor the contractor shall be liable for failure to fulfil this agreement when such failure is due to any cause beyond the reasonable control of either party.

The contractor shall procure and maintain the following insurance:

a. Workers Compensation Insurance covering employees of contractor as prescribed by the laws of the State where the premises are located.

b. Comprehensive Bodily Injury, Product and Property Damage Liability Insurance. Certificates of Insurance evidencing current coverage will be kept on file by the specified institutions.

The contractor must be willing to comply with State of Ohio Contract Terms and Conditions, as provided. Any violation of the Contractor's Code of Conduct will result in the immediate termination of the agreement.

All invoices should be e-mailed to invoices@ohio.gov Invitation to Bid Instruction:

Please see the attached Instruction, Terms and Conditions for Bidding.

Cost Summary

Provide a Summary of Projected Costs for DRCl-26-0038 Pest Control Services Ross Correctional Institution.

Description

RCI Pest Control Services

Billing will be charged monthly according to the completed number of inspections.

SECTION IV: TERMS AND CONDITIONS

A. INSTITUTIONAL SECURITY REQUIREMENTS. Due to institutional security requirements, available hours to perform services or render supplies may be limited. The Contractor and Agency staff will negotiate a mutually agreeable schedule to provide services/render supplies. The Contractor recognizes the security requirements for entering a correctional institution and acknowledges receipt of the "Standards of Conduct for Contractors". By signing this Contract, the Contractor agrees to comply with these standards and with safety rules and procedures.

B. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. It is fully understood and agreed that Contractor is an independent contractor and is not an agent, servant, or employee of the Agency or the State of Ohio. 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, workers' compensation, or unemployment compensation that is required in the normal course of business and will assume all responsibility for any federal, state, municipal or other tax liabilities. Additionally, Contractor understands that as an independent contractor, it is not a public employee and is not entitled to contributions from the Agency or the State of Ohio to any public employee retirement system.

Contractor acknowledges and agrees any individual providing services or rendering supplies under this Contract is not a public employee for purposes of Chapter 145 of the Ohio Revised Code. Unless Contractor is a "business entity" as that term is defined in Section 145.037 of the Ohio Revised Code ("an entity with five or more employees that is a corporation, association, firm, limited liability company, partnership, sole proprietorship, or other entity engaged in business") Contractor shall have any individual performing services or rendering supplies under the Contract complete and submit to the Ordering Agency the Independent Contractor/Worker Acknowledgement form. Contractor's failure to complete and submit the Independent Contractor/Worker Acknowledgement prior to commencement of the work, service or deliverable, provided under this Contract, shall serve as Contractor's certification that Contractor is a "Business entity" as the term is defined in Section 145.037 of the Ohio Revised Code.

C. CONTRACTOR TRAINING: If applicable, Agency shall provide Contractor the necessary orientation and a copy of the relevant Agency's policies and procedures by which Contractor is expected to abide while on Agency premises.

G. WAIVER. 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 a waiver of those terms or to any other terms of this Contract. Waivers must be in writing to be effective, and either party may at any later time demand strict performance.

H. COMPLIANCE WITH LAW. The Contractor must comply throughout the duration of the Contract with all applicable federal, state, local laws and Executive Orders while performing under this Contract. This shall include maintaining all business permits and licenses of any kind necessary to its business or to this contract. Contractor's failure to maintain required licensure is a breach of Contract.

I. REGISTRATION WITH THE SECRETARY OF STATE. Contractor certifies that it is either: 1. A company that is properly registered with the Ohio Secretary of State; or 2. A foreign corporation not incorporated under the laws of the State of Ohio but is registered with the Ohio Secretary of State pursuant to Sections 1703.01 to 1703.31 of the Ohio Revised Code, as applicable; or c. Exempt from registration requirements of the Ohio Secretary of State.

J. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section 125.111 of the Ohio Revised Code and all related Executive Orders. Before a Contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the Ohio Department of Development, Minority Business Development Division.

K. RIGHTS IN DATA. Agency shall have unrestricted authority to reproduce, distribute and use (in whole or in part) any reports, data or materials prepared by Contractor pursuant to this Contract. No such documents or other materials produced (in whole or in part) with funds provided to Contractor by Agency shall be subject to copyright by Contractor in the United States or any other country. Contractor agrees that all deliverables hereunder shall be made freely available to the general public to the extent permitted or required by law.

L. INVOICE REQUIREMENTS. The Contractor or dealer, authorized to submit invoices, must submit an original invoice to the office designated in the purchase order. The Contractor will only be compensated for the Deliverables accepted by the Agency. To be a proper invoice, the invoice must include the following: 1. The purchase order number authorizing the delivery of supplies or services; 2. Agency Contract Number (if used); 3. Agency Name; 4. Agency Billing Address; 5. Delivery location of supplies or services; 6. Contractor Name; 7. Contractor Address; 8. Contractor's Unique Invoice Number; 9. Date that services were provided or that supplies were delivered; 10. Itemization of supplies or services provided, including cost; 11. For leases, the invoice must also include the payment number (e.g., 1 of 36); 12. For time and material Contracts, the invoice must reflect labor hours actually worked and, if applicable, supplies used; and; 13. Clear statement of total payment expected.

The Agency agrees to give the Contractor notice of any such claim as soon as reasonably practicable and to give the Contractor the authority to settle or otherwise defend any such claim upon consultation with and approval by the Office of the Ohio Attorney General.

P. CONTRACT REMEDIES. 1. Actual Damages. The Contractor is liable to the Agency for all actual and direct damages caused by the Contractor's default. The Agency may self-perform or buy substitute Deliverables from a third party for those that were to be provided by the Contractor. The Agency may recover the costs associated with acquiring substitute Deliverables, less any expenses or costs avoided by the Contractor's default.; 2. Liquidated Damages. If actual and direct damages are uncertain or difficult to determine, the Agency may recover liquidated damages. Unless otherwise specified, liquidated damages will be in the amount of 1% of the value of the order, Deliverable, or milestone that are the subject of the default, for every day that the default is not cured by the Contractor; 3. Deduction of Damages from Contract Price. The Agency may withhold payment and deduct all or any part of the damages resulting from the Contractor's default from any part of the Contractor's compensation still due on the Contract; 4. Suspension of Contracting Rights. Any Contractor that fails to perform on a contract may be held liable for damages incurred by Agency. In addition, a Contractor who breaches a contract or fails to perform on a contract may be precluded from being awarded any subsequent contract for the same or similar service for up to two (2) years after the termination of this contract, for cause, by Agency; 5. Limitation of Liability. Notwithstanding any limitation provisions contained in the documents and materials incorporated by reference into this Contract, the parties agree as follows: (a) Neither party will be liable for any indirect, incidental or consequential loss or damage of any kind including but not limited to lost profits, even if the parties have been advised, knew, or should have known of the possibility of damages. (b) The Contractor further agrees that the Contractor shall be liable for all direct damages due to the fault or negligence of the Contractor.

Q. WORKERS' COMPENSATION. Workers' compensation insurance, as required by Ohio law or the laws of any other state where work under this Contract will be done, shall be maintained. Contractor shall furnish proof of coverage by providing a copy of their Ohio Bureau of Workers' Compensation certificate. The Contractor will also maintain employer's liability insurance with at least a $1,000,000.00 limit.

R. AUTOMOBILE AND GENERAL LIABILITY INSURANCE. During the term of the Contract and any renewal thereto, the Contractor, and any agent of the Contractor, at its sole cost and expense shall maintain a policy of Automobile Liability Insurance in accordance with the State and Federal laws, unless otherwise stated. In addition, Contractor shall carry Commercial General Liability Insurance coverage with a $1,000,000 annual aggregate and a $500,000 per occurrence limit for bodily injury, personal injury, wrongful death and property damage. The defense cost shall be outside the policy limits. Such policy shall designate the Ohio Department of Rehabilitation as an Additional Insured, as its interest may appear. The policy shall also be endorsed to include a blanket waiver of subrogation and a statement that the Contractor's commercial general liability insurance shall be primary over any other coverage. Umbrella/excess liability insurance may be used to meet the required limits and the coverage must follow form. The Agency reserves the right to approve all policy deductibles and levels of self-insured retention captive insurance programs and may require the Contractor to have their policy(ies) endorsed to reflect per project / per location general aggregate limits.

S. TAXES. Pursuant to Section 5739.02 of the Ohio Revised Code, the Agency is exempt from sales tax.

T. TRAVEL. Any travel that the Contractor requires to perform its obligations under this Contract will be at the Contractor's expense. The Agency will pay for any additional travel that it requests only with prior written approval. The Agency will pay for all additional travel expenses that it requests in accordance with Section 126.31 of the Ohio Revised Code and Rule 126-1-02 of the Ohio Administrative Code.

U. CONFIDENTIALITY. The Contractor may learn of information, documents, data, records, or other material that is confidential in the performance of this Contract. The Contractor may not disclose any information obtained by the Contractor as a result of this Contract, without the written permission of the Agency. The Contractor must assume that all Agency information, documents, data, source codes, software, models, know-how, trade secrets, or other material is confidential. In addition, the Contractor may not disclose any documents or records excluded by Ohio law from public records disclosure requirements.

V. FORCE MAJEURE. The term "force majeure" means without limitation: acts of God; such as epidemics; lightning; earthquakes; fires; storms; hurricanes; tornadoes; floods; washouts; droughts; any other severe weather; explosions; restrain 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. If the Agency or 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. In order to exercise this clause, the party must provide prompt written notice of the alleged event and detail the proposed remedy or revised performance date.

W. DRUG FREE WORKPLACE. The Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on Agency property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

X. ELECTIONS LAW. Unless this Contract was solicited by competitive bid pursuant to Section 125.07 of the Ohio Revised Code, Contractor hereby certifies that all applicable parties are in full compliance with Section 3517.13 of the Ohio Revised Code.

Y. ASSIGNMENT/ DELEGATION. The Contractor must not assign any of its rights nor delegate any of its duties under this Contract without written consent of the Agency. Any assignment or delegation not consented to may be deemed void by the Agency.

Z. SEVERABILITY. If any provision of the Contract or the application of any provision is held by a court to be contrary to law, the remaining provisions of the Contract will remain in full force and effect.

AA. SUBCONTRACTING. The Agency recognizes that it may be necessary for the Contractor to use a subcontractor to perform a portion of the work under the Contract. In those circumstances, the Contractor shall submit a list identifying the Contractor's subcontractors. The Contractor may not enter into subcontracts related to the Contract after award without written approval from the Agency. If any change occurs during the term of the Contract, that requires a change to identified subcontractors, the Contractor shall amend its list of subcontractors and request written approval from the Agency. The Agency reserves the right to reject any subcontractor submitted by the Contractor.

All subcontracts will be at the sole expense of the Contractor and the Contractor will be solely responsible for payment of its subcontractors. The Contractor assumes responsibility for all sub-contracting and third-party manufacturer work performed under the Contract. In addition, all subcontractors agree to be bound by all of the Terms and Conditions and specifications of the Contract. The Contractor will be the sole point of contact with regard to all contractual matters.

AB. SURVIVORSHIP. All sections herein relating to payment, confidentiality, license and ownership, indemnification, maintenance,-warranties and limitations on damages shall survive the termination of this Contract.

AC. GOVERNING LAW. This Contract shall be governed by the laws of the State of Ohio, and the venue for any disputes will be exclusively with the appropriate court in Franklin County, Ohio.

AD. NOTICES. For any notice under this Contract to be effective the notice must be made in writing and delivered to the appropriate contact provided in the Contract.

AE. CONTRACTOR'S WARRANTY AGAINST AN UNRESOLVED FINDING FOR RECOVERY AND DEBARMENT.

The Contractor warrants that it is not subject to an unresolved finding for recovery pursuant to Section 9.24 of the Ohio Revised Code or debarred from consideration for contract awards by any governmental agency. If either warranty is false on the date the parties signed this Contract, the Contract is void ab initio and the Contractor shall immediately repay any funds paid under this Contract.

AF. ORDER OF PRIORITY. Unless otherwise stated elsewhere in this Contract, if there is any inconsistency or conflict between this Contract and any provision incorporated by reference by the Contractor or any exhibit hereto, this Contract shall prevail.

AG. PUBLIC RECORDS AND RETENTION OF DOCUMENTS AND INFORMATION. The Contractor acknowledges, in accordance with Section 149.43 of the Ohio Revised Code, that this Contract, as well as any information, Deliverables, records, reports, and financial records related to this Contract are presumptively deemed public records. The Contractor understands that these records will be made freely available to the public unless the Agency determines that, pursuant to state or federal law, such materials are confidential or otherwise exempt from disclosure. The Contractor must comply with any direction from the Agency or the State of Ohio to preserve and/or provide documents and information, in both electronic and paper form, and to suspend any scheduled destruction of such documents and information.

AH. DATA AND IT SAFETY & SECURITY. When using or possessing Agency data or accessing Agency networks and systems, the Contractor, its employees, subcontractors and agents must comply with all applicable Agency rules, policies, and regulations regarding Agency-provided IT resources, data security and integrity. When on any property owned or controlled by the Agency, the Contractor must comply with all security and safety rules, regulations, and policies applicable to people on those premises.

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

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

KK. EXPENDITURE OF PUBLIC FUNDS ON OFFSHORE SERVICES. The Contractor affirms it has read, understands, and agrees to abide by Executive Order 2019-12D and affirms no services pursuant to this Contract will be provided from outside of the United States to include services of subcontractors in performance of this Contract. Notwithstanding any other terms of this Contract, the Agency reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The Agency does not waive any other rights and remedies provided the Agency in the Contract. During the performance of this

Contract, the Contractor agrees to: 1. disclose the location(s) where all services will be performed by any contractor or subcontractor; 2. disclose the locations(s) where any Agency data associated with any of the services they are providing, or seek to provide, will be accessed, tested, maintained, backed-up or stored; 3. disclose any shift in the location of any services being provided by the contractor or any subcontractor; and 4. disclose the principal location of business for the contractor and all subcontractors who are supplying services to the Agency under the Contract.

SECTION V: TERMINATION

A. This Contract may be terminated before its expiration date in any of the following manners: 1. by the parties upon mutual written agreement; 2. by Agency with 30-day written notice without cause; 3. by either party-with written notice of performance failure; or 4. by Agency without notice if the Contractor, subcontractor and/or any individuals employed by the Contractor violates the law or otherwise compromises the security and safety of the work site.

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

8. Notwithstanding the Agency permitting a period of time to cure the breach or the Contractor's cure of the breach, the Agency does not waive any of its rights and remedies provided the Agency in this Contract, costs associated with corrective action, or liquidated damages.