CONTRACT NO.: TBD

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EXHIBIT A – SPECIAL PROVISIONS

The following provisions supplement or modify the provisions of Items 1 through 11 of the Standard Contract, as provided herein:

A.1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT

In addition to the provisions of 1.6., the following documents, or the latest version thereof, are hereby incorporated herein and made part of this Contract.

A.1.1. Additional Contract Exhibits A.1.1.1. Exhibit A1 – Program and Service Specific Terms A.1.1.2. Exhibit A2 – Substance Abuse and Mental Health Programmatic State and Federal

Laws, Rules, and Regulations A.1.1.3. Exhibit C1 – Required Reports A.1.1.4. Exhibit C2 – South Florida Evaluation and Treatment Center Staffing Plan A.1.1.5. Exhibit F1 – South Florida Evaluation and Treatment Center Pricing Schedule

A.1.2. Documents Incorporated by Reference The following documents are hereby incorporated by reference herein and are maintained in each parties’ Contract files:

A.1.2.1. South Florida Evaluation and Treatment Center Program Description A.1.2.2. South Florida Evaluation and Treatment Center Facility Management Description A.1.2.3. Department’s Accounting Procedures Manuals 7 APM 6 and 7 APM 2 A.1.2.4. Initial Equipment and Property Inventory (Attachment 4)

A.2. STATEMENT OF WORK

There are no additional provisions to this section of the Standard Contract.

A.3. PAYMENT, INVOICE AND RELATED TERMS

There are no additional provisions to this section of the Standard Contract.

A.4. GENERAL TERMS AND CONDITIONS

A.4.1. In addition to the provisions of 4.6, the following terms shall apply:

A.4.1.1. The Provider may not subcontract for the Program Management Team detailed in C.2.1.1. The persons filling these positions shall be fulltime employees of the Provider.

A.4.1.2. The Provider shall obtain approval from the Contract Manager, in writing, prior to the effective date of subcontracts exceeding $150,000 annually providing any type of direct service to Residents or having direct contact with Residents.

A.4.2. In addition to the provisions of 4.11, the following terms shall apply:

A.4.2.1. The Provider shall submit a Transition Plan for Department approval no later than nine months prior to the end of the Contract term or as directed upon notification of the Department’s intent to terminate pursuant to 6.

A.5. RECORDS, AUDITS AND DATA SECURITY

In addition to the provisions of 5.1, the following terms shall apply:

A.5.1. In the event a lawsuit or audit has been initiated but not yet concluded at the end of the retention period, the Provider shall retain all records until the litigation concludes or the release of the audit findings, whichever is applicable.

A.5.2. The Provider shall maintain all records management activities, including storage of records, requesting permission to destroy records, and completing the authorized destruction, as required by law. At the end of the Contract period all existing records related to facility

PCMT-03 2 v.24.1 operations and maintenance and all resident-related records shall become property of the Department.

A.5.3. The Provider must maintain permanent reports and records of all building and grounds operations, including daily staffing, daily operating log, security incidents, equipment operating logs, preventive maintenance and repairs on each piece of equipment, facility repairs and improvements, service requests, utility usage, problem action reports, and quality improvement reports. These reports and records must be available for review and inspection at any time by the Department and by any other authorized representative from the Department or from a regulatory, licensing, or accreditation agency.

A.5.4. Staff records shall be maintained in accordance with The Joint Commission (TJC) standards and, at a minimum, shall include: the results of background screening; resumes and completed job application forms; documentation of education; documentation of current licensure, registration, or certification; reference checks; results of required medical examinations, tests, and immunizations; time and attendance records; awards; disciplinary reports; training completed; and performance evaluations.

A.5.5. The Provider shall maintain Resident records in accordance the Centers for Medicare and Medicaid (CMS) guidelines for cost report and auditing.

A.6. INSPECTIONS, PENALTIES, AND TERMINATION

There are no additional provisions to this section of the Standard Contract.

A.7. OTHER TERMS

There are no additional provisions to this section of the Standard Contract.

A.8. FEDERAL FUNDS APPLICABILITY

There are no additional provisions to this section of the Standard Contract.

A.9. CLIENT SERVICES APPLICABILITY

There are no additional provisions to this section of the Standard Contract.

A.10. PROPERTY

There are no additional provisions to this section of the Standard Contract.

A.11. AMENDMENT IMPACT

There are no additional provisions to this section of the Standard Contract.

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EXHIBIT A1 – PROGRAM AND SERVICE SPECIFIC TERMS

A1.1. Available Bed A 24-hour service unit during which all appropriate and necessary care and services are available to meet the needs of the Resident, regardless of whether the bed is currently occupied.

A1.2. Competency Restoration The provision of treatment and education to restore the Resident to competency, i.e., to understand and comprehend the charges, the legal process, the consequences, and the resident's legal rights.

A1.3. Facility(ies) All land, buildings, supporting infrastructure and space, whether natural or constructed, dedicated to accomplishing the purpose of service provision for South Florida Evaluation and Treatment Center (SFETC). Depending on the specific context, it may refer to the current SFETC or the new SFETC to be constructed.

A1.4. Community Forensic Case Manager or Forensic Specialist A person employed by a community mental health provider, under contract with a district/regional mental health program office, to provide services to individuals who have been court-ordered for evaluation or committed to the department pursuant to Chapter 916, F.S., by one of the state's 20 circuit courts. Individuals served are those who have received an Order of Evaluation of Competency or Sanity or have been adjudicated as ITP or NGI due to mental illness. Responsibilities include assessing individual needs, planning services, linking the service system to the individual, coordinating system components, monitoring service delivery, and evaluating the effect of service delivery.

A1.5. Forensic Resident For purposes of this Contract, a Forensic Resident is any defendant who is mentally ill and committed to the Department pursuant to Chapter 916, F.S., and who has been determined to need treatment for a mental illness; who has been found incompetent to proceed on a felony offense or has been acquitted of a felony offense by reason of insanity; who has been determined to be dangerous to himself or herself or others or present a clear and present potential to escape; and who is an adult or a juvenile prosecuted as an adult.

A1.6. Forensic Facility(ies) A separate and secure facility established by the Department to serve Forensic Residents. Such separate and secure facilities shall be located on grounds distinct in location from other Facilities for persons who are mentally ill.

A1.7. Incompetent to Proceed (ITP) A legal status that means an individual is unable to proceed at any material stage of a criminal proceeding, which shall include trial of the case, pretrial hearings involving questions of fact on which the defendant might be expected to testify, entry of a plea, proceedings for violations of probation or violation of community control, sentencing, and hearings on issues regarding a defendant's failure to comply with court orders or conditions or other matters in which the mental competence of the defendant is necessary for a just resolution of the issues being considered.

A1.8. Major Repair or Replacement A repair or replacement of equipment or property due to normal wear, usage, age of equipment, damage by Residents/others, or property totaling $100,000 per occurrence. This does not include routine maintenance activities or repair or replacement of equipment or property due to negligence on behalf of the Provider.

A1.9. Not Guilty by Reason of Insanity (NGI) A legal status that means the individual has been adjudicated by a court or jury as not responsible because of mental infirmity, disease, or defect.

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A1.10. Recovery A deeply personal, unique process of changing one's attitudes, values, feelings, goals, skills and/or roles. It is a way of living a satisfying, hopeful and contributing life within the limitations caused by illness. Recovery involves the development of new meaning and purpose in one's life as one grows beyond the profound effects of mental illness.

A1.11. Recovery Team A multidisciplinary group of Substance Abuse and Mental Health experts that provide community-based services for adults with long-term mental health problems.

A1.12. Resident An individual residing in and receiving services from South Florida Evaluation and Treatment Center.

A1.13. Risk Assessment A process of gathering information relating to issues impacting the health, safety, or security of a resident or others through identification of factors that could result in harm or serious injury.

A1.14. South Florida Evaluation and Treatment Center (SFETC) A maximum security forensic mental health treatment facility to serve Forensic Residents committed under Chapter 916, F.S.

A1.15. Substance Abuse and Mental Health Data System (SAMH Data System) The Department’s web-based data system for reporting substance abuse and mental health services, including the Financial and Services Accountability Management System (FASAMS) or any replacement system identified by the Department for the reporting of data in accordance with this contract. The FASAMS Pamphlet, 155-2, provides the definitions of the data elements and policies and procedures for submitting required data into the SAMH Data System and may be located at:

https://www.myflfamilies.com/services/samh/FASAMS/fasams-155-2-version-14-current

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EXHIBIT A2 – SUBSTANCE ABUSE AND MENTAL HEALTH (SAMH) PROGRAMMATIC STATE

AND FEDERAL LAWS, RULES, AND REGULATIONS

The Provider shall be knowledgeable of and fully comply with all applicable state and federal laws, rules and regulations, and Department operating procedures as amended from time to time, that affect the subject areas of the Contract. Authorities include but are not limited to the following:

A2.1 FEDERAL AUTHORITY

A2.1.1 Block Grants Regarding Mental Health and Substance Abuse

42 U.S.C. ss. 300x, et seq.

42 U.S.C. ss. 300x-21 et seq.

42 C.F.R. pt. 54 45 C.F.R. pt. 96

A2.1.2 Restrictions on expenditure of grant 45 C.F.R. s. 96.135

A2.1.3 Confidentiality Of Alcohol And Drug Abuse Patient Records 42 C.F.R., pt. 2

A2.1.4 Security and Privacy (related to the Health Insurance Portability and Accountability Act (HIPAA) 45 C.F.R. pt. 164

A2.1.5 Social Security Income for the Aged, Blind and Disabled 20 C.F.R. pt. 416

A2.1.6 Indorsement and Payment of Checks Drawn on the United States Treasury 31 C.F.R. pt. 240

A2.1.7 Temporary Assistance to Needy Families (TANF) 42 U.S.C. ss. 601, et seq.

45 C.F.R., pt. 260

A2.1.8 Projects for Assistance in Transition from Homelessness (PATH) 42 U.S. C. s. 290cc-21 et seq.

42 C.F.R., pt. 54

A2.1.9 Americans with Disabilities Act of 1990 42 U.S. C. ss. 12101 et seq.

A2.1.10 Trafficking Victims Protection Act of 2000 22 U.S.C. 7104 2 CFR Part 175

A2.2 FLORIDA STATUTES

All State of Florida statutes can be found at the following website: http://www.flsenate.gov/statutes/index A2.2.1 Substance Abuse, Mental Health and Forensic Services

Ch. 381 Public Health General Provisions Ch. 386 Particular Conditions Affecting Public Health Ch. 392 Tuberculosis Control Ch. 395 Hospital Licensing and Regulation Ch. 394 Mental Health Ch. 397 Substance Abuse Services http://www.flsenate.gov/statutes/index

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Ch. 400 Nursing Home § 409.906(8) Medicaid Ch. 458 Medical Practice Ch. 459 Osteopathic Ch. 464 Nursing Ch. 465 Pharmacy Ch. 490 Psychological Services Ch. 491 Clinical, Counseling and Psychotherapy Ch. 499 Drug, Cosmetic and Household Products Ch. 553 Building Construction Standards Ch. 893 Drug Abuse Prevention and Control Ch. 916 Mentally Ill and Intellectually Disabled Defendants.

§ 985.223 Incompetency in Juvenile Delinquency Cases § 985.224 Delinquency; Interstate Compact on Juveniles

A2.2.2 Adult Protective Services Ch. 415 Adult Protective Services

A2.2.3 Forensics Ch. 916 Mentally Ill and Intellectually Disabled Defendants Ch. 985 Juvenile Justice; Interstate Compact on Juveniles §. 985.19 Incompetency in Juvenile Delinquency Cases §. 985.24 Interstate Compact on Juveniles; Use of detention; prohibitions

A2.2.4 State Administrative Procedures and Services Ch. 120 Administrative Procedures Act Ch. 287 Procurement of Personal Property and Services Ch. 815 Computer-Related Crimes Ch. 817 Fraudulent Practices §. 112.061 Per diem and travel expenses of public officers, employees, and authorized persons §. 112.3185 Additional standards for state agency employees §. 215.422 Payments, warrants, and invoices; processing time limits; dispute resolution; agency or judicial branch compliance §. 216.181(16)(b) Advanced funds for program startup or contracted services

A2.3 FLORIDA ADMINISTRATIVE CODE (RULES)

All references to F.A.C. may be found at the following website:

https://www.flrules.org/gateway/department.asp?id=65 A2.3.1 Substance Abuse and Mental Health Services

Ch. 65C-12 Emergency Shelter Care Ch. 65D-30 Substance Abuse Services Office Ch. 65E-4 Community Mental Health Regulation Ch. 65E-5 Mental Health Act Ch. 65E-10 Psychotic and Emotionally Disturbed Children Purchase of Residential

Services Rules https://www.flrules.org/gateway/department.asp?id=65

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Ch. 65E-11 Behavioral Health Services Ch. 65E-12 Public Mental Health, Crisis Stabilization Units, Short Term

Residential Treatment Programs Ch. 65E-14 Community Substance Abuse and Mental Health Services-Financial

Rules Ch. 65E-20 Forensic Resident Services Act Regulation Ch. 65E-26 Substance Abuse and Mental Health Priority Populations and

Services A2.3.2 Financial Penalties

Ch. 65-29 Penalties on Service Providers A2.3.3 Other

Ch. 65D-3 Control of Communicable Diseases and Conditions which may Significantly Affect Public Health

Ch. 62-761 Underground Storage Tank Systems A2.4 Department of Children and Families Operating Procedures The most current versions of the Department’s Operating Procedures may be found at the Department’s Internet web site: https://www.myflfamilies.com/resource-library. The following is a partial listing of procedures that are applicable for the operation and management of the SFETC.

CFOP 60-01 Chapter 2, Hours of Work, Overtime and Compensatory Leave CFOP 60-01 Chapter 4, On Call/Call Back CFOP 60-04 Chapter 11, Family Supportive Work Program CFOP 60-04 Chapter 12, Governor's Mentoring Initiative CFOP 60-05 Chapter 1, Political Activities CFOP 60-05 Chapter 5, Code of Ethics for Public Officers and Employees CFOP 60-05 Chapter 8, Bonding of Employees CFOP 60-05 Chapter 11, Employee Relationships with Regulated Entities CFOP 60-05 Chapter 12, Drug-Free Workplace CFOP 60-06 Other Personal Services (OPS) Employment CFOP 60-08 Chapter 1, Employee Personnel Records CFOP 60-10 Chapter 1, ADA Accommodation Procedures for

Applicants/Employees/General Public CFOP 60-10 Chapter 2, Informal Discrimination Complaint Procedure CFOP 60-10 Chapter 5, Prohibited Harassment, Including Sexual Harassment CFOP 60-10 Chapter 6, Filing Complaints By Reason of Disability CFOP 60-11 Chapter 1, Policy on Domestic Violence CFOP 60-11 Chapter 2, Workplace Violence Awareness and Prevention CFOP 60-12 Driver's License as a Condition of Employment CFOP 60-15 Equal Employment Opportunity/Affirmative Action CFOP 60-16 Methods of Administration: Equal Opportunity in Service Delivery CFOP 60-17 Chapter 1, Notice of Privacy Policy and Management and Protection of Personal Health Information CFOP 60-17 Chapter 2, Protected Health Information Complaint/Grievance

Procedure https://www.myflfamilies.com/resource-library

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CFOP 60-17 Chapter 3, HIPAA Privacy Monitoring Requirements CFOP 60-17 Chapter 4, Authorization for Use or Disclosure of Protected Health

Information CFOP 60-17 Chapter 5, Accounting of Disclosures of Protected Health Information CFOP 60-52 Employees Volunteers to Serve as Guardians Ad Litem CFOP 70-12 Contraband Control Process CFOP 155-1 Guidelines for the Use of Psychotherapeutic Medications in State

Mental Health Treatment Facilities CFOP 155-2 Operating Capacities at State Mental Health Treatment Facilities CFOP 155-3 State Mental Health Treatment Facilities Mortality Reporting and

Review Procedure CFOP 155-4 Human Immunodeficiency Virus/Acquired Immune Deficiency

Syndrome (HIV/AIDS) Screening and Treatment in State Mental Health Treatment Facilities

CFOP 155-5 Supervision of Unlicensed Assistive Personnel Performing Nursing Delegated Tasks and Activities in Mental Health Treatment Facilities

CFOP 155-6 Sociosexual Behaviors at State Mental Health Treatment Facilities CFOP 155-8 Contraband Control in the Mental Health Treatment Facilities CFOP 155-11 Title XXI Behavioral Health Network CFOP 155-12 Forensic Transfers to Civil Mental Health Treatment Facilities CFOP 155-13 Incompetent to Proceed and Non-Restorable Status CFOP 155-16 Recovery and Implementation in Mental Health Treatment Facilities CFOP 155-17 Guidelines for Discharge of Civil Residents from a State Mental

Health Treatment Facility to the Community CFOP 155-19 Evaluation and Reporting of Competency to Proceed CFOP 155-20 Use of Seclusion in Mental Health Treatment Facilities CFOP 155-21 Use of Restraint in Mental Health Treatment Facilities CFOP 155-22 Leave of Absence and Discharge of Patients Committed to a State

Mental Health Treatment Facility Pursuant to Chapter 916, F.S.

CFOP 155-23 Resident Transfers Between State Forensic Mental Health Treatment

Facilities CFOP 155-24 Guidelines for Infection Prevention and Control Program in State

Mental Health Treatment Facilities CFOP 155-25 Incident Reporting and Processing in State Mental Health Treatment

Facilities CFOP 155-26 Safe and Supportive Observation of Residents CFOP 155-27 Guidelines for Pre-Release Referral of Residents in State Mental

Health Treatment Facilities for Social Security Benefits and Insurances and for the Institutional Care Program (ICP) Medicaid

CFOP 155-28 Sexual Misconduct in State Mental Health Treatment Facilities CFOP 155-29 Management of Minimum Staffing in State Mental Health Treatment

Facilities CFOP 155-34 Contact Between Special Interest Industries and State Mental Health

Treatment Facility Employees

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CFOP 155-35 Violence Risk Assessment Procedure in State Mental Health Treatment Facilities

CFOP 155-38 Procedures for Post Commitment Diversion of Individuals Adjudicated Incompetent to Proceed or Not Guilty by Reason of Insanity

CFOP 155-39 Guidelines for Progress Note Documentation in the Health Record at State Mental Health Treatment Facilities

CFOP 155-40 Use of Electroconvulsive Treatment for Residents of State Mental Health Treatment Facilities

CFOP 155-41 Environmental Risk Management in State Mental Health Treatment Facilities

CFOP 155-45 Guidelines for Conducting Sexually Violent Predator Assessment of Individuals Found Not Guilty by Reason of Insanity and Committed for Involuntary Hospitalization

CFOP 155-46 Management of Acute Non-Penetrating Traumatic Head/Brain Injury CFOP 155-48 Registration Guidelines for Forensic and Civil Residents Who Are

Classified as Sexual Offenders or Sexual Predators CFOP 155-49 Individuals Served/Employee Relationships CFOP 155-50 Undocumented Persons in State Mental Health Treatment Facilities CFOP 155-51 Dress Code for State Operated Mental Health Treatment Facilities CFOP 155-52 Use of "Do Not Resuscitate" (DNR) Orders in State Mental Health

Treatment Facilities CFOP 155-53 Suicide and Self-Injury Prevention CFOP 155-54 Administrative Reviews of Individuals in High Profile Situations CFOP 155-56 Guidelines for Admission of Forensic Individuals to a State Mental

Health Treatment Facility CFOP 155-57 Care of Pregnant Females in State Mental Health Treatment Facilities CFOP 155-58 Guidelines for Assisting State Mental Health Facility Residents Who

May Benefit from Appointment of Public Guardianship CFOP 155-59 Surveillance Technology in the Mental Health Treatment Facilities CFOP 155-65 Visitation Guidelines in a Department of Children and Families State

Mental Health Treatment Facility A2.5 Standards applicable to Cost Principles, Audits, Financial Assistance and Administrative

Requirements §. 215.97, F.S. Florida Single Audit Act §. 215.971, F.S. Agreements funded with federal or state assistance Chief Financial Officer Memorandum No. 20 (2024- 2025) Compliance Requirements for

Agreements 2 CFR, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards, available at https://federalregister.gov/a/2013-30465

2 CFR, Part 300.1 Adoption of 2 CFR Part 200 45 C.F.R., pt. 75 Uniform Administration Requirements, Cost Principals, and Audit

Requirements for HHS Awards

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A2.6 Data Collection and Reporting Requirements DCF Financial and Services Accountability Management System (FASAMS) Pamphlet 155-2

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EXHIBIT B – SCOPE OF WORK

B.1. SCOPE OF SERVICE

B.1.1. This is a multi-year Contract, pursuant to the authority under §§ 39.001(2), 39.001(4), 394.457(3), and 397.305(2), F.S., and § 9, Chapter 2004-269, Laws of Florida.

B.1.2. The Provider shall deliver high quality forensic mental health care in a secure, licensed, and accredited facility (South Florida Evaluation and Treatment Center (SFETC)).

B.1.2.1. The Provider shall deliver integrated security and treatment in the most effective manner possible.

B.1.2.2. The Provider shall focus on exploring strategies to reduce the amount of time individuals admitted as Incompetent to Proceed spend hospitalized, with treatment focused on Competency Restoration services.

B.1.2.3. The Provider shall provide treatment to individuals found Not Guilty by Reason of Insanity (NGI) with a focus on assessment and treatment strategies designed to identify and reduce potential risk upon release to the community.

B.1.2.4. The Provider shall develop and maintain close working relationships with all relevant criminal justice entities, including the Attorney General, courts, state attorneys, defense attorneys, and jails, and with other mental health providers, social service providers, and Department staff.

B.1.2.5. The Provider shall use the most up-to-date, effective approaches for accomplishing the goals of Competency Restoration and symptom and risk reduction, while achieving and maintaining full compliance with statutes, laws, rules, standards, and operating procedures applicable to SFETC.

B.2. MAJOR CONTRACT GOALS

The operations of the SFETC are designed to accomplish several major program goals, including the following:

B.2.1. Manage, operate, and maintain the secure Forensic Facility identified in B.3.1.1 with an integration of security and treatment, within the established Contract budget detailed in Exhibit F1;

B.2.2. Operate and maintain the existing Facility and maintain TJC accreditation;

B.2.3. Focus on treatment and security issues relevant to the Resident’s mental illness and legal status and provide high-quality care based on a Recovery of functioning model, which enables individuals to function adequately in the applicable community setting;

B.2.4. Develop and maintain good working relationships with relevant community-based agencies, including the mental health, health, social service, and criminal justice systems and with the community;

B.2.5. Reduce the average amount of time that individuals adjudicated ITP spend in the facility before being returned to court as competent;

B.2.6. Maintain adequate staffing to provide a safe, secure, and therapeutic environment;

B.2.7. Reduce the number of individuals adjudicated ITP returned to SFETC after Court disagreement with facility finding of competency; and B.2.8. Establish and maintain credibility in the accuracy of competency evaluations and discharge and community release recommendations.

B.3. SERVICE AREA/LOCATIONS/TIMES

B.3.1. Service Delivery Location

B.3.1.1. The Provider shall deliver services in the existing SFETC facility at:

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18680 SW 376th Street, Florida City, Florida 33034.

B.3.1.2. The Provider’s administrative offices shall be located at the address(s) specified in 1.3.3.

B.3.2. Service Times B.3.2.1. The Provider shall deliver services 24 hours per day, seven days per week.

B.3.2.2. The Provider shall deliver medical, psychiatric, programmatic, and recreation activities as detailed in the Provider’s Program Description, which is hereby incorporated by reference and maintained in the Contract file.

B.3.2.3. The Provider shall establish primary administrative office hours to include, at a minimum, 8:00 am through 5:00 pm, Monday through Friday, excluding state holidays.

B.3.3. Changes in Location The Provider shall notify the Department in writing a minimum of ten (10) calendar days prior to making changes in administrative office location(s)or any changes that will affect the Department’s ability to contact the Provider by telephone or email.

B.4. RESIDENTS TO BE SERVED

The Provider shall serve any person committed under Chapter 916, F.S., as either ITP or NGI who is assigned to SFETC, by the Department's Mental Health Program Office Forensic Admission staff. The Department's decision on Residents to be served at SFETC is final and binding on all parties.

B.5. RESIDENT ELIGIBILITY

The Provider shall deliver forensic services at SFETC to adults the age of 18 and older and to juveniles adjudicated as adults who have been charged with a felony and found by the courts to be either ITP or NGI and:

B.5.1. May meet the diagnostic categories for any of the major Diagnostic and Statistical Manual of

Mental Disorders (DSM-5) disorder classifications (primarily schizophrenia and mood disorders);

B.5.2. May also have a secondary diagnosis, such as substance abuse, personality disorders, or severe medical conditions; or

B.5.3. Are a current Resident at the SFETC.

B.6. RESIDENT DETERMINATION

B.6.1. The decision to place an individual in a particular facility is made by the Department through the Forensic Admissions Office in the Substance Abuse and Mental Health Program Office in Tallahassee. The determination made by the Department is final and binding on all parties. The Department has a ‘no-decline’ policy for Forensic Facilities.

B.6.2. Commitments are made by the courts to the Department. The Department, through its Substance Abuse and Mental Health Program Office in Tallahassee, makes a placement decision and schedules the admissions.

B.6.3. Admissions usually occur Monday through Friday and may involve several admissions each day; however, the Provider must be able to accept admissions after hours, on weekends and holidays and, when an emergency admission is needed, on short notice.

B.6.4. Statutory provisions, Chapter 916, F.S., govern the disposition of individuals adjudicated NGI or ITP.

The Provider may not refuse admission to an individual verified by the Department as having a valid court order.

B.7. EQUIPMENT AND PROPERTY

B.7.1. The Provider shall utilize equipment and property currently located at the Facility, as detailed in the Equipment and Property Inventory, which is hereby incorporated by reference and shall be maintained in the Contract Manager’s file. The Provider will be

PCMT-03 13 v.24.1 responsible for the maintenance, operations, and repair of the items detailed in the Equipment and Property Inventory and any items purchased to replace equipment or property currently located at the Facility. The Provider shall ensure the following:

B.7.1.1. Any items used or purchased to replace equipment and property shall meet or exceed modern energy efficiency standards at the time of purchase or replacement; and

B.7.1.2. In the event equipment and property exceed their useful life, disposal must comply with Departmental procedures detailed in CFOP 80-2, Property Management.

B.7.2. The Provider shall supply, at its own expense, any additional equipment and property necessary to perform under this Contract, including but not limited to, medical equipment, computers, telephones, copier and fax machines, supplies and maintenance, and needed office supplies.

B.7.3. The Provider shall maintain an updated inventory of all equipment and property, as detailed in the Provider’s Facility Maintenance Description, which is hereby incorporated by reference and shall be maintained in the Contract Manager’s file.

B.7.4. Upon termination of this Contract, all equipment and property listed in the Equipment and Property Inventory, as updated by the requirements of B.7.1 (including any item purchased or paid for with state funds to operate and maintain the Facility not listed on the property inventory) shall remain the property of the Department. With regard to leased equipment, upon termination of this Contract, the provider shall retain the exclusive rights to any and all leased equipment or property unless the applicable lease is assumed by the Department.

B.7.5. The Provider shall be responsible for all maintenance, repairs, and equipment replacement notwithstanding any future legislative requests.

B.7.6. Major Repair or Replacement Reserve Fund B.7.6.1. The Provider shall establish a reserve fund whereby $8,500 of each monthly payment from the Department is reserved for the cost of a Major Repair or Replacement of equipment or property at the Facility over $100,000. However, the Department and Provider hereby acknowledge and agree to suspend this obligation until such time as Provider has recovered the total sum spent on any Major Repair or Replacement during the Term of the Contract. For all Major Repair or Replacement expenses during the term of the Contract, Provider shall recapture at a rate of $8,500 per month (hereinafter the “Recapture Amount”). Once the Recapture Amount is reached, Provider shall reserve $8,500 each month as previously described.

B.7.6.2. Once the reserve fund balance reaches a minimum of $250,000, the Provider may temporarily cease the reserving of funds in accordance with B.7.6.1.

B.7.6.3. The Provider may retain interest earned by the reserve fund.

B.7.6.4. In the event the Provider identifies the need for a Major Repair or Replacement of equipment or property, the Provider shall obtain approval from the Contract Manager prior to utilizing reserve funding, an approval that cannot be unreasonably withheld.

B.7.6.5. The Provider shall maintain detailed documentation of reserve funding utilization, to be provided to the Department upon request. The Provider shall be responsible for the entire cost of a Major Repair or Replacement of equipment or property at the Facility.

Insufficient funding in the Major Repair or Replacement Reserve Fund does not relieve the Provider of their financial obligation to complete the Major Repair or Replacement of equipment or property at the Facility.

B.7.6.6. In the event the reserve fund is utilized for a Major Repair or Replacement of equipment or property and the balance is reduced below $250,000 the Provider shall resume reserving funds in accordance with B.7.6.1. until the balance reaches a minimum of $250,000.

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B.7.6.7. Upon termination of this Contract, the balance of the reserve fund shall be retained by the Provider.

B.8. CONTRACT LIMITS

B.8.1. The total funds awarded under this Contract shall not exceed the amount set forth in F1.

B.8.2. This Contract is contingent upon the Department maintaining full use and rights to the

Facility. In order for the Provider to perform the tasks delineated herein, the Provider shall have the right to use and occupy the Facility for as long as this Contract is in full force and effect.

B.8.3. The current SFETC has an operating capacity of 249 Residents and, in general, the daily census will be limited to that number. While the committing courts control certain timeframes, the Provider shall have a system in place to actively track the progress of Residents through their Competency Restoration and to monitor the Provider's interactions with the court to help assure timely discharges and transfers. The Department recognizes physical occupancy shall not exceed 249 under normal operating circumstances. The Department reserves the right to increase actual capacity over 249 in temporary emergency situations, as defined by the Department.

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EXHIBIT C – TASK LIST

C.1. SERVICE TASKS

The Provider shall perform all functions necessary for the proper delivery of services including, but not limited to, the following:

C.1.1. Treatment Services C.1.1.1. The Provider shall deliver integrated treatment services in a secure environment, sufficient to ensure the safety of Residents, staff, and the public, as detailed in the Provider’s Program Description (Attachment 1).

C.1.1.2. The Provider shall develop a comprehensive Active Treatment Program and all services necessary to support the 24 hours a day, seven days a week care of Residents.

C.1.1.2.1. The Department defines Active Treatment as referenced in C.1.1.2. as psychiatric treatment and rehabilitation interventions that ameliorate problems or symptoms and promote the acquisition of the skills, supports and resources needed for community living. All interventions must be specifically designed to improve a resident's condition. For an activity to be considered a part of active treatment, there must be a specific relationship between the activity and a goal or objective of an individualized treatment plan.

C.1.1.3. The Provider shall deliver Individualized Treatment, as documented in Individualized Treatment Plans, prepared with full participation of the Resident, and to the fullest extent possible, the Community Forensic Case Manager or Forensic Specialist in accordance with Department operating procedures.

C.1.1.3.1. The Department defines Individualized Treatment Plan as referenced in C.1.1.5.

as a written plan developed within 30 calendar days of admission by the Resident and his or her recovery team. This plan is based on assessment data, identifying the resident’s clinical, rehabilitative and quality of life/enrichment service or recovery needs, the strategy for meeting those needs, documented treatment and recovery goals and objectives, criteria for terminating the specified interventions, and documented progress in meeting specified goals and objectives. Also referred to as the “Recovery Plan” in CFOP 155-16, Recovery Planning and Implementation in Mental Health Treatment Facilities. The Individualized Treatment Plan must be reviewed at least every 30 calendar days.

C.1.1.4. The Provider shall conduct assessment of restorability of competence of individuals adjudicated ITP or NGI and provide timely reports to the court requesting the dismissal of charges for those Residents whose competency is deemed non-restorable, in accordance with Department operating procedures.

C.1.1.5. The Provider shall deliver integrated mental health and substance abuse treatment using a recovery-oriented best practice model.

C.1.1.6. The Provider shall deliver timely reports to the court following determination that a Resident is competent to proceed or no longer meets criteria for involuntary commitment.

C.1.2. Facility Management & Security C.1.2.1. The Provider shall operate, manage, and maintain the Facility, including all preventive and repair maintenance, including Major Repairs as detailed in the Provider’s Facility Management Description (Attachment 2).

C.1.2.2. The Provider shall ensure all maintenance activities meet or exceed the guidelines established in the most current version of the Facilities Maintenance and Repair Cost

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Data book published by the R.S. Means Company, Inc., or the appropriate Department publication(s).

C.1.2.3. The Provider shall develop and implement Facility management programs, for the operation of the Facility, as detailed in the Provider’s Facility Management Description.

C.1.2.4. The Provider shall maintain and protect the Facility for any contingency, as detailed in the Provider’s Facility Management Description.

C.1.2.5. If an emergency situation occurs, the Provider shall assist the Department and other State entities, as necessary. This assistance may include providing staff to work in other facilities or relief centers, housing for displaced individuals, and other resources deemed necessary by the Department.

C.1.3. Policies and Procedures C.1.3.1. The Provider shall develop and implement policies, operating procedures, and clinical protocols consistent with best practices for forensic mental health treatment in a secure setting and in compliance with licensing and accreditation organizations, state and federal laws, codes, rules, regulations and standards, and the Department’s operating procedures.

C.1.3.2. The Provider’s operating procedures and subsequent revisions must be consistent with the Department’s procedures. The Provider shall submit copies of their operating procedures to the Department upon request.

C.1.3.3. The Provider shall update and revise its policies, procedures, and protocols as new advancements occur in the mental health treatment field, particularly evidence-based practices. With regard to the above, the Provider will be responsible for ensuring the development of sufficient training materials and ongoing instruction for all employees.

C.1.4. Accreditation C.1.4.1. The Provider shall maintain TJC Behavioral Health Care accreditation throughout the term of this Contract.

C.1.4.2. The Provider shall comply with all applicable policies and standards set forth by TJC, which will be treated as the minimal standards against which quality service will be measured. Any changes in standards by TJC will apply to the Provider. If a change in TJC standards conflicts with Department operating procedures, the Provider shall notify the Department. It is the Department’s intent that the TJC standards will be used as the basis for assessing the Provider’s understanding of the Department’s expectations regarding the management of the Facility.

C.1.4.3. The Provider shall cooperate with all Department quality assurance activities and processes, in addition to maintaining its own quality assurance functions relating to the management of the Facility in compliance with TJC standards.

C.1.5. Collaboration with other Entities C.1.5.1. The Provider shall coordinate and establish good working relationships with other

Providers and state entities, including mental health agencies, health care agencies, social service agencies, law enforcement agencies, Florida Department of Corrections, courts, Attorney General, state’s attorneys, defense attorneys, jails, family and consumer groups, the Department, and the community within which the Facility is located.

C.1.5.2. The Provider shall ensure relationships include activities which promote understanding and cooperation among the various entities with a focus on continuity of care.

C.2. ADMINISTRATIVE TASKS

C.2.1. Staffing

C.2.1.1. Program Management Team

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The Provider shall employ and maintain a Management Team for the duration of the Contract meeting the following minimum qualifications:

C.2.1.1.1. Hospital Administrator Management or supervisory experience providing services to persons with psychiatric disabilities, including at least ten (10) years in a management position comparable to an executive staff level role in a psychiatric center, research institute or developmental center. Appropriate professional degree or minimum educational level attained will be a master’s degree in any mental health or administrative discipline. Florida license or certification is required, where applicable. At least three (3) of the ten (10) years of management or supervisory experience must have been in a forensic setting.

C.2.1.1.2. Assistant Hospital Administrator Management or supervisory experience providing services to persons with psychiatric disabilities, including at least five (5) years in a management position comparable to an executive staff level role in a psychiatric center, research institute or developmental center. Appropriate professional degree or minimum educational level attained will be a master’s degree in any mental health or administrative discipline or management or supervisory experience providing services to persons with psychiatric disabilities, including at least ten (10) years in a management position comparable to an executive staff level role in a psychiatric center, research institute or developmental center with an appropriate professional degree or minimum educational level attained will be a bachelor’s degree in any mental health or administrative discipline. Florida license or certification is required, where applicable. At least two (2) of the five (5) years of management/supervisory experience must have been in a forensic setting.

C.2.1.1.3. Nursing Director Licensed to practice as a Registered Nurse in the State of Florida, including at least two (2) years of post-licensure clinical nursing experience working exclusively with individuals diagnosed with mental illness or multiple disabilities.

In addition, the Director must have a master’s degree in Nursing and two (2) years of managerial experience or a master’s degree in a related health care or medical services, behavioral or rehabilitative science field and three years managerial experience. The managerial work experience must come from performing those duties typically associated with an Assistant or Associate Director of Nursing, or Director of Nursing. This experience must have been gained exclusively in a mental health setting program, or a discrete psychiatric program that is part of a health care facility. Experience in a forensic setting is preferred.

C.2.1.1.4. Clinical Director A valid Florida license to practice medicine or a limited permit and a license from another state or Canada, and certification by the American Board of Psychiatry and Neurology and seven (7) years of professional experience in providing services to persons with psychiatric disabilities, two (2) years of which must have been at the administrative clinical level - assistant director or its equivalent and five (5) of which must have been in a forensic setting.

C.2.1.2. Facility Management Team

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C.2.1.2.1. Facility Manager An engineering, construction, or business-related bachelor’s degree (masters preferred) and at least ten (10) years of facilities management experience, five of which must be in an environment of comparable size and complexity to the Facility. Experience in a healthcare or institutional setting is desirable and experience in a secure forensic facility is preferred. Demonstrated skills in life-safety systems, computerized work order management and preventive maintenance systems are required.

C.2.1.2.2. Security Chief A bachelor’s degree, a minimum of ten (10) years’ experience in a correctional or secure forensic mental health facility with at least five years of managerial level experience, and certification as a state correctional officer.

C.2.1.3. Staffing Plan C.2.1.3.1. The Provider shall employ and maintain staffing in accordance with Exhibit C2, sufficient to accomplish the performance expectations and TJC accreditation requirements for the duration of the Contract.

C.2.1.3.2. The Provider may adjust the number of staff per shift as it deems appropriate from time to time, provided the number of FTEs per position type (e.g. RN, LPN), Psychiatrist, Cook, etc.) is maintained, at no additional cost to the Department.

Any permanent or long-term adjustments lasting more than six (6) consecutive months must be addressed through a formalized Contract amendment.

C.2.1.3.3. The Provider must perform all functions and services specified in this Contract regardless of whether these functions are performed by Department employees, contracted professionals, or other similar contractual arrangements.

C.2.1.3.4. The Provider shall participate in quality management exercises, including providing staff members to participate in peer review activities associated with reviews of other treatment facilities. The Provider shall pay expenses and travel of their staff who participate in quality review activities and meetings. The Facility Hospital Administrator (by whatever title) must participate as an ex officio member of the Department’s Mental Health Hospital Administrators’ Management Group. In addition to the Hospital Administrator meeting, appropriate Provider staff must participate in regularly scheduled and ad hoc discipline specific or topic specific meetings such as Clinical Staff meetings, Liaison groups, the Forensic Waiting List Workgroup, etc.

C.2.1.4. Staffing Vacancy C.2.1.4.1. The Provider shall maintain staffing levels that, at a minimum, conform to those positions listed in Exhibit C2, including sufficient relief staff to ensure that the operations of the Facility are covered when a vacancy occurs. A position shall not be deemed vacant when an employee is temporarily absent due to paid vacation, paid sick leave, management and professional conferences, in-service training, or other temporary leave condition.

C.2.1.4.2. The Provider shall fill vacancies within 60 calendar days of the first day of a vacancy. A Vacancy Deduction Calculation will be used to assess Financial Consequences for any vacancies not filled within 60 calendar days in accordance with F.3.1.

C.2.1.4.3. The Provider may fill a vacancy through the use of overtime, contract services, or temporary employees.

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C.2.1.4.4. The Provider may fill a vacant position through the promotion or transfer of an existing employee from one position to another (provided that, in the case of a transfer, the two positions are not the same).

C.2.1.4.5. The Provider may not fill a vacancy by transferring a person already employed by the Provider in the same position to the vacant position (i.e., a vacant LPN) position cannot be filled by transferring another person employed as an LPN from his/her current LPN position to the vacant LPN position).

C.2.1.5. Staffing Changes The Provider shall request, in writing, approval for any proposed change to the Management Team described in C.2.1. The written request must include documenting the circumstances requiring the changes and describing the proposed substitutions in sufficient detail to permit evaluation of the impact on the Contract. On a case-by-case basis and its sole discretion, the Department may waive certain minimum qualifications for a Management Team position if the Department determines the proposed substitute’s prior work history, experience and education is satisfactory to fulfill the position’s responsibilities. If granted, the waiver will be provided to the Provider in writing.

C.2.2. Professional Qualifications C.2.2.1. The Provider shall ensure that all staff possesses adequate education and training to perform the duties for which they are assigned and meet all applicable licensing or certification requirements for their respective disciplines.

C.2.2.2. The Provider shall comply with applicable rules, statutes, and licensing standards with regard to professional qualifications.

C.2.2.3. The Provider shall comply with §§ 394.4572(1)(a) and 397.451, F.S., with regard to screening and fingerprinting of mental health and substance abuse personnel.

C.2.2.4. The Provider shall ensure that all staff are trained annually in areas of forensic practice that require special expertise, including risk assessment; competency assessment;

Competency Restoration; and legal standards. Qualified treatment Facility staff designated as responsible for completing competency evaluations must complete the Florida Forensic Examiner Training course, if offered, by the Louis de la Parte Florida Mental Health Institute within one year of employment and, until the employee has completed the training, reports must be co-signed by a qualified person who has completed the training. The Provider shall ensure that all staff having responsibilities for competency to proceed training, evaluation or reporting follow Department procedures established in CFOP 155-19, Evaluation and Reporting of Competency to Proceed.

C.2.2.5. The Provider shall ensure screening of all mental health service personnel employed by the Provider to the same extent as if such personnel were employees of the Department, to the end that the employees of the Provider must meet the same standards set forth in Chapter 435, F.S., as may be amended from time to time. Prospective employees must also successfully pass a pre-employment medical examination prior to placement. The examination will include, at a minimum, a Purified Protein Derivative (PPD) screening for Tuberculosis or chest x-ray and serology.

C.2.2.6. The Provider shall ensure that positions or work assignments requiring the maintenance of an active license, registration, or certification (including driver’s or chauffeur’s licenses) are maintained on a current basis by the personnel in these positions. As an example, security officers must be certified as state correctional officers.

C.2.3. Reports The Provider shall submit to the Department the following reports as specified in Exhibit C1 by the dates specified therein.

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C.2.3.1. Daily Reports The Provider shall submit the following daily reports via methods as instructed by the Department:

C.2.3.1.1. Daily Census Admissions,…