REQUEST FOR PROPOSALS FOR PLANNING SERVICES: HOSPITAL EVACUATION / MEDICAL TRANSPORT COORDINATION PLAN IMPLEMENTATION

Transcription

1 CFDA REQUEST FOR PROPOSALS FOR PLANNING SERVICES: HOSPITAL EVACUATION / MEDICAL TRANSPORT COORDINATION PLAN IMPLEMENTATION East-West Gateway Council of Governments Gateway Tower 1 S. Memorial Drive, Suite 1600 St. Louis, MO December 3,

2 CFDA Request for Proposals for Planning Services: Hospital Evacuation / Medical Transport Coordination Plan Implementation East-West Gateway Council of Governments ( the Council or East-West Gateway ) is seeking a consultant to provide assistance in implementing the St. Louis Regional Hospital Evacuation and Transport Plan. The plan is designed to assist hospitals and EMS services with coordination of medical evacuation and transport of patients in the St. Louis region, which is defined as the Missouri Counties of Franklin, Jefferson, St. Charles, St. Louis, Lincoln, Perry, Pike, St. Francois, Ste. Genevieve, Warren, Washington, and the City of St. Louis. Proposals are due on January 2, 2015 at 1:00 p.m local time to the following address: RFP Hospital Evacuation / Medical Transport Coordination Planning c/o Mr. Ed Hillhouse Executive Director East-West Gateway Council of Governments 1 S. Memorial Drive, Suite 1600 St. Louis, MO Late proposals will be returned unopened. Three (3) printed copies and one electronic copy in *.pdf format on a CD of the proposal should be enclosed, along with a letter from a firm principal committing the proposal for a minimum of ninety (90) days. Faxed proposals or proposals submitted with an inadequate number of copies will not be accepted. The Council will post any supplemental information as necessary on the Council s website: Please visit our website periodically to check for any additional information. 2

3 CFDA TABLE OF CONTENTS Section Page I. Introduction & Background...4 II. III. IV. Scope of Work...6 Content of the Proposal...8 Evaluation Criteria...12 V. Selection Procedures...14 VI. VII. VIII. IX. Nondiscrimination Requirements...15 Disadvantaged Business and Small Business Participation & Equal Opportunity Provisions...16 Protest Procedures...17 Additional Information...18 X. Applicable Contract Terms...19 RFP Checklist Checklist...32 Attachment A Conflict of Interest Disclosure Statement Attachment B...33 Affirmative Action Checklist...35 Attachment C Letter of Intent to Perform as a DBE / SBE / MBE / WBE...36 Attachment D DBE / SBE / MBE / WBE Participation Form...37 Attachment E Certification Regarding Debarment & Suspension...38 AttachmentF Certification Regarding Lobbying...39 Attachment G Person / Hour Commitment Schedule

4 CFDA I. Introduction In 2014, the St. Louis Area Regional Response System (STARRS 1 ) created the St. Louis Regional Hospital Evacuation and Transportation Plan. We are seeking assistance in creating additional guidance documents and conducting seminars and exercises to implement the plan. Phase II of this project has the following objectives: Plan Implementation: Conduct seminars and exercises to familiarize stakeholder representatives with the plan and test its components. Re-Entry Planning: Development of procedures and guidance for staff and patient re-entry into hospitals after an evacuation. The St. Louis Regional Hospital Evacuation and Transportation Plan created in Phase I of this project focused on two objectives or components described below: Objective I: Preparing the hospital or medical facility for evacuation. This included developing procedures for making notifications both within and external to the hospital and creating step-by-step procedures that can be used by facilities to prepare their staff and patients for the evacuation, as well as guidance for extended patient care when evacuation is necessary but transport services are delayed. Objective II: Coordinating the transport of patients off site to other facilities. This will include procedures for communicating with and requesting resources and services from Emergency Management Agencies, EMS transport organizations and/or Medical/Ambulance Task Force Leaders, and receiving facilities as well as the coordination of incoming transport services and the tracking of outgoing patients. The guidance documents created in Phase I are applicable to situations in which a single hospital must evacuate due to incidents within its wall, such as a fire or systems failure, as well as to more widespread incidents affecting multiple facilities, such as an earthquake. Existing supporting and related plans and documents include the following: Hospital Mutual Aid Agreement Memorandum of Understanding (Hospital MOU): This agreement describes the legal structure and financial responsibilities for hospitals to share resources including equipment and staff in times of disaster. The agreement also outlines the legal and financial responsibilities for the transfer of patients when evacuation of a hospital is needed or patient transfer is necessary during surge events. However, it does not describe the procedures for conducting regional patient and staff transfers. 4

5 CFDA Regional Healthcare Coordination Plan (RHCP): (completed on June 31, 2009). The RHCP provides the collaborative platform through which participating entities in the St. Louis region (i.e., acute and non-acute care hospitals, emergency medical services (EMS), public health, emergency managers, and other first responders) will communicate and coordinate healthcare-related needs during a disaster incident. The RHCP established the St. Louis Medical Operations Center (SMOC), which serves as the hospital coordination entity for the region. SMOC Duty Officers and support staff serve as a regional information sharing and resource coordination hub for all Missouri Region C hospitals. In cases of patient transfer or evacuation, the SMOC would provide support for locating receiving facilities and in communicating with emergency management agencies for procurement of transport services. Standard Operating Guidelines document: developed for the SMOC team. Includes notification, activation, and resource requesting protocols along with tracking forms, job aids, and position-specific job action sheets. Missouri Systems Concept of Operational Planning for Emergencies (MOSCOPE) Plan: The State of Missouri has recently updated its fire and law enforcement mutual aid plan to include EMS. In addition, statewide and regional (Missouri Region C) EMS transport plans are being developed and should be available for review during this contract. Along with STARRS and East-West Gateway, the following groups will be involved in providing information and input for the deliverables as defined in this RFP: The STARRS Hospital Preparedness Committee, which is made up of representatives from the hospitals that signed on to the Hospital MOU; the STARRS EMS Committee; and representatives from county-level public health and emergency management agencies. 5

6 CFDA II. Scope of Work Respondents should propose on the following general scope, providing detail on how each task will be accomplished, and on staff commitments and resources necessary to accomplish each of the following tasks: Task 1: Document Review Review existing St. Louis regional plans and documents including the St. Louis Regional Hospital Evacuation and Transportation Plan, the St. Louis Regional Emergency Resource Coordination Plan (RERC Plan), the St. Louis Regional Healthcare Resource Coordination Plan (RHCP), the St. Louis Medical Operations Center (SMOC) Standard Operating Guidelines (SOGs), and the Hospital Mutual Aid Agreement Memorandum of Understanding (Hospital MOU). Review existing and draft State of Missouri plans including the Missouri Systems Concept of Operational Planning for Emergencies (MOSCOPE) plan and statewide and regional (Missouri Region C) EMS transport plans. Task 2: Planning meetings The contractor will conduct a minimum of four (4) inperson meetings with the stakeholder group. The stakeholder group will be composed of the members of STARRS healthcare committees, which includes representatives from the following disciplines: hospitals, emergency medical services emergency management, and public health. The first meeting will be a project kickoff meeting during which the contractor will introduce all key project personnel, provide a proposed schedule of meetings and timeline of deliverables, scope of work, and listen to stakeholder input on the goals of the project. During subsequent meetings, the contractor will engage the group in discussion in order to determine the details of the deliverable documents and conduct planning for the seminars and exercise, as well as get feedback from the group on the draft reports. Additional meetings or conference calls may be necessary in order to complete the work. All meetings must be documented by the contractor in individual reports that provides minutes / summaries, attendee rosters, and the direction that was given / actions resulting from the meeting. Task 3: Regional Seminars The contractor will conduct a minimum of two seminars with healthcare and emergency management partners designed to establish familiarity with concepts delineated in the St. Louis Regional Hospital Evacuation and Transportation Plan. These seminars should focus on understanding of the evacuation preparation guidance principals by participating hospitals as well as how EMS services will be deployed through regional coordination and mutual aid. These seminars may be conducted as scenario-driven discussions. It is estimated that approximately people will participate in each seminar. Task 4: Regional Exercise The contractor will assist the region in conducting a regional exercise based on the St. Louis Regional Hospital Evacuation and Transportation Plan and focused on the evacuation of a number of hospitals within the region to other facilities within the region. The exercise should be a functional exercise, but it may include full scale components taking place at individual facilities or agencies. 6

7 CFDA The exercise planning activities and the exercise itself will include stakeholders from hospitals, EMS, public health, and emergency management. This exercise will serve as the St. Louis region s annual healthcare exercise following the guidelines of the Assistant Secretary for Preparedness and Response (ASPR) Hospital Preparedness Program (HPP) Grant, and should take place in late April or early May of The exercise should also be designed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). Task 5: Hospital Re-Entry Plan Guidance Deliverables Research best practices for post-evacuation hospital re-entry, including facility assessment, staff re-entry, patient prioritization, and transportation coordination. Provide hospital re-entry guidance documents to include recommended procedures, job aids/action sheets, and checklists as determined through discussions with the planning committee. These guidelines and procedures must be adaptable to the different types of hospitals and healthcare facilities present within the St. Louis region, including large urban trauma centers as well as smaller rural hospitals. They also must be adaptable to different disaster situations, such as events that affect only one hospital and may receive a quick mutual aid response, or events that affect multiple facilities and result in delayed response. Task 6: Presentation of Re-entry planning guideline documents to the stakeholder planning group The contractor must conduct a final in-person meeting to present all deliverable documents. The presentation may be conducted in a scenario walk through setting and/or as an interactive discussion of processes based on arrangements made with the stakeholder group in previous project meetings. Task 7: Next steps recommendation document Provide a closing document that summarizes the accomplishments of this project and makes recommendations for future planning, training, and exercising related to the deliverables. All deliverables must first be provided in Draft form to allow for comments. Changes must be incorporated into the final documents. Ten (10) printed and bound copies and one (1) CD containing Microsoft Word versions of all documents requested in the scope of work must be made available at the end of the contract. 7

8 CFDA III. Content of The Proposal Proposals in response to this request should be directed to RFP Hospital Evacuation / Medical Transport Coordination Planning c/o Mr. Ed Hillhouse, Executive Director, East-West Gateway Council of Governments, 1 S. Memorial Drive, Suite 1600 St. Louis, MO 63102, no later than 1:00 p.m. local time January 2, Proposals received after this time will be returned unopened. Three (3) printed copies and one electronic copy in *.pdf format on a CD of the proposal should be enclosed, along with a letter from a firm principal committing the proposal for a minimum of ninety (90) days. The items listed below must be addressed in the proposal. If all the items listed below are not provided then the proposal may be deemed non-responsive and will not be evaluated. The Council reserves the right to request missing information only if that information is considered minor in nature and does not impede our ability to evaluate the responding firm s quality of work, experience, and/or its ability to perform the requested work. In addition to the items listed below, proposers should ensure that their proposals provide all information relevant to proposal evaluation; the evaluation criteria are listed in Section IV. A. Scope of Work. The general scope of work has been developed by the East-West Gateway staff. Proposals must indicate if the proposer is proposing on all or parts of the scope of work. Proposers must include further detail regarding specific methodologies or approach being proposed. Specifically, proposals should include all the information requested in Section II of this RFP. B. Contract Price. The Council intends to award a single fixed-fee contract. Proposals must indicate the proposed price/cost of services to be provided by task, which must be included as part of Attachment G Person / Hour Commitment Schedule. C. Person/Hour Commitment Schedule. Proposals also must include a person-hour commitment schedule for all key personnel. Attachment G- Person/Hour Commitment Schedule, or its equivalent, must be included with the proposal. (Attachment G, Person Hour Commitment Schedule are available on the Council s web site at D. Corporate Profile. The proposer shall provide the following information on their corporate structure, history, experience and ability: 1. Firm name and business address, including telephone number. 8

9 CFDA Year established, (include former firm names and year established, if applicable). Identify the state in which the firm was organized or incorporated. 3. Type of ownership, and name and location of parent company and subsidiaries, if any. 4. An indication of whether the firm is registered to do business in the States of Missouri and Illinois. 5. A general description of the firm s core business and some breakdown of the percentage of total revenues generated from planning services. (Proposers that intend to use subcontractors and/or work in some form of joint venture partnership must provide the same information for each subcontractor and/or each member of a joint venture.) E. Evidence of Appropriate Resources and Capacity. The proposer shall provide a description that effectively documents their capacity to take on the work outlined in this RFP and effectively manage the associated risk. This description shall include, but is not limited to, the following issues: 1. A summary of the proposer s current financial strength. 2. A summary of current or anticipated work commitments through the course of the contract term (February 7 June 15, 2015). 3. A summary outlining the proposer s capacity to take on and complete the work outlined in this RFP in addition to existing and anticipated commitments. 4. A summary outlining the proposer s ability to secure and retain any subcontracted resources throughout the course of the contract period. F. Insurance Requirements. The proposer must affirm that it will be able to meet the insurance coverage requirements listed in subparagraphs 1) and 2) below if it is awarded the contract on this project. These insurance requirements will be included in any contract entered into between the selected consultant and East-West Gateway. The proposer must provide information as to the type and amount(s) of its current insurance coverage(s). 9

10 1. The selected consultant is required to carry and shall cause its subcontractors to carry commercial general liability and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Council and its employees as additional named insureds. The current required insurance coverage amounts are as follows: $2,687,594 for all claims arising out of a single accident or occurrence. $403,139 for any one person in a single accident or occurrence 2. The selected consultant is also required to carry insurance in the amount stipulated by law to protect it from claims under worker s compensation acts. G. Qualifications. Proposals must indicate the proposer s (including subcontractors) specific prior experience and qualifications applicable to this project. Proposals must include a brief narrative (4 pages maximum) regarding the firm s capabilities to carry out the project, including special assets, areas of expertise, analytical tools, and data sources to which the firm has access. Proposals must also include the following: 1. Resumes (or equivalent) of key personnel to be assigned to the project. Experience summaries of these key individuals shall be provided. These summaries should clearly identify prior experience (including real event experience) on similar projects in similar roles, and outline the responsibilities these individuals will have in the context of this project. Full resumes of these individuals may be included as an attachment. 2. An indication (in number of hours) of the amount of time that each key person will dedicate to the project. 3. A list of at least five (5) projects similar in scope and magnitude to the project described in this RFP that the proposing firm and/or its subcontractors have undertaken within the last five (5) years. The list should include: contract amount(s), funding source(s), description of work performed, client contact person(s), phone number(s), and address(es). The proposer must also provide at least one (1) sample of similar planning materials, in two (2) bound copies and included as a pdf on CD, that is demonstrative of the type of project described in Section II of this RFP. 10

11 H. Conflict of Interest Disclosure. Actual and perceived objectivity will be an important part of successfully completing this project. All proposers must enclose with their proposal a Conflict of Interest Disclosure statement (Attachment A) that discloses (lists) all the interests and/or clients who might benefit financially, directly or indirectly, now or in the future, from this project. If the proposer does not have a conflict of interest, the proposer must still include the Conflict of Interest Disclosure statement indicating that there is no conflict of interest. I.. Affirmative Action Checklist. All proposers must complete and enclose with their proposal the affirmative action checklist attached to this Request For Proposal (Attachment B). J. DBE/SBE/WBE/MBE Participation. The Council encourages disadvantaged, small, women-owned, and/or minority business participation. Proposers must include the DBE/SBE/WBE/MBE Participation Form (Attachment D) in the proposal, even if the DBE/SBE/WBE/MBE participation is zero (0). If the proposer intends to participate as a DBE/SBE/WBE/MBE or intends to hire or has hired a DBE/SBE/WBE/MBE subcontractor, then the proposer must also submit with their proposal the attached Letter of Intent to Perform as a DBE/SBE/WBE/MBE (Attachment C) or an equivalent letter for each certified participant. Proof of DBE/SBE/WBE/MBE certification is required for all certified participants and must be included in the proposal. K. Certification Regarding Debarment and Suspension. All proposers must complete and enclose with their proposal the Certification Regarding Debarment and Suspension (Attachment E). L. Certification Regarding Lobbying. All proposers must complete and enclose with their proposal the Certification Regarding Lobbying (Attachment F). 11

12 IV. Evaluation Criteria East-West Gateway will not award the contract for this project to a proposer that it determines is not responsible. East-West Gateway s determination of a proposer s responsibility may include the following factors: experience of the offeror and its key team members and subcontractors; its and their past conduct and performance on previous contracts; and ability to execute the contract for this project properly. East- West Gateway may make the determination regarding responsibility based upon the proposer s submitted proposal, reference evaluations, a review of the offeror s financial ability, and any other information East-West Gateway requests or determines is relevant to its determination. Many of these factors may also be used in the next level of the evaluation process. All proposals determined to be from responsible offerors and that meet the minimum RFP requirements listed in Section III will be evaluated according to the factors listed below. The factors are listed in order of priority, from greatest priority (Part A) to lowest priority (Part E). In order to receive the maximum number of points available in each category the proposal should clearly indicate how the proposer meets each factor listed below, as each relates to the project described in Section II of this RFP. A. Specialized experience and technical competence of the contractor(s) and assigned personnel relative to the task requirements outlined in Section II of this RFP. 1. Qualifications and experience of the prime contractor(s) and subcontractor(s) 2. Qualifications and experience of personnel B. Proposer s understanding of the scope and conditions related to the project. 1. Proposer's proposed methodology and approach to the project, to include the technology and/or methods the proposer intends to use to produce the project deliverables 2. Demonstrated understanding of the proposed scope of work 3. Understanding and knowledge of Federal requirements and regulations, as demonstrated through previous work experience on similar projects that were funded with Federal grant monies or other public funding sources 4. Overall organization and clarity of the proposal C. Previous work experience of the project team and satisfactory accomplishment of contract responsibility, as demonstrated through references, material samples, and other required information about the contractor s and/or subcontractor s firm. 12

13 1. Quality of planning materials 2. Ability to meet work schedules 3. Responsiveness to client input 4. References, to include contact information for recipients of five (5) previous similar classes given by the consultant as references D. Project cost & schedule of workforce commitment. 1. Total project cost 2. Project schedule 3. Total hours/level of assignment committed (While cost is one factor considered in the evaluation process, the Council reserves the right to select a proposal other than the one with the lowest cost.) E. DBE/SBE/WBE/MBE Participation. 1. Level of DBE/SBE/WBE/MBE participation 2. Previous work experience of a DBE/SBE/WBE/MBE contractor relative to task assignments 13

14 V. Selection Procedures A consultant will be selected by East-West Gateway after analysis of all of the information provided in the proposals. East-West Gateway will make the award to the responsible proposer whose proposal is most advantageous to the Council. The Council reserves the right to negotiate a contract, including the scope of work with any responsible proposer or other qualified party. The Council reserves the right to select a proposal other than the one with the lowest proposed cost. This RFP does not commit East-West Gateway to award a contract, to pay any costs incurred in the preparation of a response to this invitation, or to procure or contract for services or supplies. The Council reserves the right to accept or reject any or all of the responses received as a result of this RFP, or to cancel this request in whole or in part if it is in the best interest of the Council. Proposers shall not offer any gratuities, favors, or anything of monetary value to any officer, employee, agent, or director of the Council for the purpose of influencing a favorable disposition toward either the proposer s proposal or any other proposal submitted as a result of this RFP. All proposals submitted under this RFP become the exclusive property of East-West Gateway. Proposers should be aware that any information submitted in response to this RFP might be subject to disclosure under the Missouri Sunshine Act and/or the Federal Freedom of Information Act. East-West Gateway will handle all requests for information in regard to this RFP in accordance with the applicable federal and state statutes, and will not disclose any information submitted in response to this RFP prior to the selection and retention of a consultant unless authorized in writing to do so by the proposer or compelled to do so by law or judicial decree. 14

15 VI. Nondiscrimination Requirements The selected consultant shall not discriminate on grounds of the race, color, religion, creed, sex, national origin or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The selected consultant shall not participate either directly or indirectly in the discrimination prohibited by 45 CFR Subtitle A including employment practices. These nondiscrimination requirements shall apply to all solicitations either by competitive bidding or negotiation made by the successful consultant for work to be performed under a subcontract, including procurement of materials or equipment. The selected consultant shall notify each potential subcontractor or supplier of these requirements relative to nondiscrimination on grounds of the race, color, religion, creed, sex or national origin or ancestry of any individual. 15

16 VII. Disadvantaged Business Participation And Equal Opportunity Provisions The Department of Health and Human Services (DHHS) has promulgated regulations to ensure that disadvantaged business enterprises (DBE), including small and minority firms (SBE/MBE), women s business enterprises (WBE), and labor area surplus firms, have an equal opportunity to participate in projects that are wholly or partially funded with DHHS grant money. Small and minority firms, WBE, and labor area surplus firms are encouraged to submit proposals as prime contractors for this project. Firms are required to take affirmative steps to ensure that small and minority firms, WBE, and labor area surplus firms are used on this project when possible. These affirmative steps include: (a) placing qualified small and minority businesses and WBE on solicitation lists for subcontracts and/or joint ventures; (b) assuring that small and minority businesses and WBE are solicited whenever they are potential sources of work and/or supplies; (c) dividing total project requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and WBE; (d) establishing delivery schedules, where the RFP permits, which encourage participation by small and minority businesses and WBE; and (e) using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. In order to be considered a DBE, WBE or a small or minority firm, a firm must be certified and registered as a DBE, SBE, WBE, and /or MBE with the Missouri Office of Equal Opportunity, and/or the U.S. Small Business Administration. 16

17 VIII. Protest Procedures In the course of this solicitation for proposals and the selection process, a proposer (bidder or offeror whose direct economic interest would be affected by the award of the contract) may file a protest when in the proposer's opinion, actions were taken by the staff and/or the selection committee which could unfairly affect the outcome of the selection procedure. All protests should be in writing and directed to Mr. Ed Hillhouse, Executive Director, East-West Gateway Council of Governments, 1 S. Memorial Drive, Suite 1600, St. Louis, MO Protests should be made immediately upon occurrence of the incident in question but no later than three (3) days after the proposer received notification of the outcome of the selection procedure. The protest should clearly state the grounds for such protest. Upon receipt of the protest, the Executive Director will review the actual procedures followed during the selection process and the documentation available. If it is determined that the action(s) unfairly changed the outcome of the selection process, negotiations with the selected proposer will cease until the matter is resolved. 17

18 IX. Additional Information Direct inquiries regarding this RFP should be submitted to Inquiries regarding this RFP must be submitted no later than 1:00 p.m. local time on December 17, The Council will not accept any inquiries after that date and time. In order to ensure that all potential proposers receive the same information relative to this solicitation, we will post our response to any request for supplemental information on our web site at Please visit our web site periodically to check for any additional information. If you wish to have a printed copy of the information mailed, you must mail or a written request to the staff contact listed above. As stated elsewhere in this document, proposals are due at East-West Gateway s office no later than 1:00 p.m. local time on January 2, After review and evaluation of the proposals, East-West Gateway may choose to identify selected proposers for oral interviews. If so, identified proposers will be notified of their selection for interview. East-West Gateway intends to award a single fixed fee / per course contract for this proposed work. One hundred percent (100%) of the funding for this project is being provided by the U.S. Department of Health and Human Services. This solicitation is subject to the regulations imposed by 31 U.S.C 1352 regarding lobbying restrictions. Consultants must submit a "Certification Regarding Lobbying" prior to entering into a contract (see Attachment F). NOTE: East-West Gateway Offices are located in the City of St. Louis. Business conducted within City limits is subject to a one-percent earnings tax. 18

19 X. APPLICABLE CONTRACT TERMS THE FOLLOWING TERMS WILL BE INCLUDED ANY CONTRACT RESULTING FROM THIS REQUEST FOR PROPOSALS. Non-Discrimination Assurances. A. Contractor shall comply with all all applicable federal and state statutes and executive orders, relating to nondiscrimination and equal opportunity, including, but not limited to: 1. Title VI and VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d 2000e; 2. Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C et seq.; 3. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; 4. The Americans with Disabilities Act of 1990, as amended, 42 U.S.C et seq.; 5. The Age Discrimination Act of 1975, as amended, 42 U.S.C ; 6. Title IX of the Education Amendments of 1972, and amendments thereto, 20 U.S.C et seq.; 7. The Rehabilitation Act of 1973, Section 504, as amended, 29 U.S.C 794 et seq.; 8. The Drug Abuse, Prevention, Treatment and Rehabilitation Act of 1970, Public Law , and amendments thereto, 42 U.S.C et seq.; 9. The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd 2; 10. The Equal Pay Act of 1963 (P.L , as amended, 29 U.S.C. Section 206 (d)); 11. Equal Employment Opportunity Executive Order 11246, Equal Employment Opportunity, as amended by E.O , Amending Executive Order Relating to Equal Employment Opportunity ; 12. Executive Order Improving Access to Services for Persons with Limited English Proficiency Discrimination Affecting Limited English Proficient Persons; and 13. Missouri State Regulation, 19 CSR , Civil Rights Requirements 14. Missouri Governor s E.O. #05-30; 15. Missouri Executive Order No (excluding article II due to its repeal), promulgating the Code of Fair Practices. 16. The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided via the contract. B. Contractor shall not discriminate on grounds of race, color, religion, creed, sex, disability, national origin, age or ancestry of an individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The terms of this paragraph shall apply to all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under subcontract including procurement of materials or equipment. C. In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Contractor of Contractor's obligations under this Contract. D. Contractor will provide all information and reports required by the regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other 19

20 sources of information, and its facilities as may be determined by the Council, OHS, or DHS to be pertinent to ascertain compliance with this Contract. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so notify the Council and shall set forth what efforts it has made to obtain the information. E. Contractor shall include the provisions of this paragraph in every subcontract, including the procurement of materials and lease of equipment, unless exempt. Small Businesses, Minority Owned Firms and Women s Business Enterprises. A. It is the policy of the DHHS that small businesses, minority owned firms and women s business enterprises (hereinafter disadvantaged business enterprises or DBE), shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. B. Contractor agrees to ensure that minority business enterprises have the maximum opportunity to participate in the performance of this Contract. In this regard to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform portions of this Contract. Contractor shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the selection and retention of subcontractors, including procurement of materials and leases of equipment. C. Contractor shall include the provisions of this paragraph in every subcontract, including procurement of materials and leases of equipment and shall report to the Council any DBE procurement under this Contract. The method of reporting shall be consistent with the requirements of the DHS and federal procurement regulations. Confidentiality of Data. Any reports, information, data, etc. provided by the Council to the Contractor under this contract shall not be made available to any individual or organization without prior approval of the Council. Contractor also agrees that any data acquired or assembled by the Contractor within the scope of this contract shall also be considered confidential and shall not be provided to anyone, other than the Council's designated representatives, unless the Council gives the Contractor express written permission. Contracting and Subcontracting. Pursuant to subsection 1 of section , RSMo no Contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. In accordance with sections to , RSMo a general Contractor or subcontractor of any tier shall not be liable when such Contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section , RSMo if the contract binding the Contractor and subcontractor affirmatively states that: the direct subcontractor is not knowingly in violation of subsection 1 of section , RSMo; and, shall not henceforth be in such violation; and the Contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor s employees are lawfully present in the United States. Subcontract Approval. A. None of the services covered by this Contract may be subcontracted without the prior written approval of the Council. 20

21 B. The Council reserves the right to review the proposed subcontracts and any amendments with these parties prior to their execution. Any change in the services to be provided or compensation requires prior approval by the Council. C. Contractor shall remain responsible for the satisfactory completion of all work or services in accordance with the terms and conditions of this Contract and of any subcontractors for whom Contractor is contractually bound. Termination for Default or for Convenience of the Council A. The performance of work under the Contract may be terminated by the Council in accordance with this paragraph in whole, or from time to time in part for default or convenience. Default, for the purposes of this Contract, shall be for nonperformance (failure by Contractor to make progress in the prosecution of the work hereunder as endangers such performance) or for noncompliance with provisions of this Contract. A failure to cure such default within a period of 7 working days (or such longer period as the Council may allow) after receipt, from the Council, of a notice specifying the default shall result in immediate termination. A termination for convenience shall occur without recourse in the event that, for any reason, federal funds are not appropriated, allotted or available to the Council for the purpose of meeting the Council s obligation hereunder or whenever it is in the best interest of the Council. The termination will be effective immediately upon receipt of a written Notice of Termination by the Contractor. B. Any such termination shall be effected by delivery to Contractor of a Notice of Termination specifying whether termination is for the default of Contractor or for the convenience of the Council, the extent to which performance of work under the Contract is terminated and the date upon which termination becomes effective. C. After receipt of a Notice of Termination and except as otherwise directed by the Council, Contractor shall: (1) Stop work under the Contract on the date and to the extent specified in the Notice of Termination; (2) Place no further subcontracts for services, except as may be necessary for completion of such portion of the work under the Contract as is not terminated; (3) Terminate all subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (4) Assign to the Council in the manner and to the extent directed by the Council, all of the rights, title, and interest of Contractor under the subcontracts so terminated, in which case the Council shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such subcontracts; (5) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and D. After receipt of a Notice of Termination, Contractor shall submit to the Council the termination claim in the form and with the certification prescribed by the Council. The claim shall be for work completed up to the date of termination. Such claim shall be submitted promptly but in no event 21

22 later than 60 days from the effective date of termination, unless one or more extensions in writing are granted by the Council within such 60-day period or authorized extension thereof. However, if the Council determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such 60-day period or any extension thereof. Upon failure of Contractor to submit the termination claim in the time allowed, the Council, may subject to any review required by the funding agency's procedures in effect as of the date of execution of this Contract, determine, on the basis of information available, the amount, if any, due to Contractor by reason of the termination and shall thereupon pay to Contractor the amount so determined. Audit and Inspection of Records. Contractor shall maintain accounting records and other evidence pertaining to the costs incurred on this project. All invoices shall be taken from the books of account kept by Contractor and Contractor shall have available copies of payroll distributions, receipted bills or other documents reasonably required by the Council. Contractor shall permit the authorized representatives of the Council, DHHS, Missouri Department of Health and Senior Services (MoDHSS) and the Comptroller General of the United States to inspect and audit all data and records of Contractor relating to its performance under this Contract, including but not limited to books, documents, papers, records, correspondence, instructions, receipts, vouchers, and memoranda. These data will be made available for inspection by the Council, DHHS, MoDHSS or any authorized representatives of the federal government at all reasonable and mutually convenient times at the office of Contractor during the Contract period and for five years after the date of the final payment of federal funds to the Council with respect to the Contract. Copies of such records shall be furnished if requested. The Council shall notify Contractor in writing when final payment is received from DHHS. Retention is required for purposes of examination and audit by the Council, the State, and/or the Federal Government. Audit records may be retained in an automated format. The retention requirement extends to books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, cancelled checks, and related documents and records. Source documents include copies of the award and Contractor s financial and narrative reports. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the Contract, whether they are employed full-time or part-time. Contractor must adequately protect records against fire or other damage. If any litigation, claim, negotiation, audit or other action involving the records has started before the expiration of the five (5) year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the regular five (5) year period, whichever is later. Publication Provisions: A. Contractor shall not publish or otherwise disclose, or permit to be disclosed or published, the results of the investigation herein contemplated, or any particulars thereof, without notifying the Council and securing its consent in writing. B. The Council reserves the right to initially publish the final report. The Council may elect to have the Contractor act as its agent in publishing the final report, in which case the Contractor will furnish reports as specified in Appendix I, Scope of Services. C. All reports published by the Contractor shall give credit to DHHS, MoDHSS and the Council and contain the following statements. "This document was prepared under a grant from the U.S. Department of Health and Human Services. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Health and Human Services." 22

23 D. The final report shall also specify the date the document was prepared. E. All final reports concerning those projects as detailed in Appendix I of this Contract shall contain an abstract sheet on the first page after the cover. The Council shall provide the format to be used. F. Contractor agrees to provide all deliverables under this Contract including maps, data, draft reports, and final reports in both paper and electronic formats. The electronic format shall be compatible with the Council s software at the time of delivery. All electronic files that will be made available on the Council s Internet web page must be in a web compatible format. Assignability. Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Council thereto provided, however, that claims for money due or to become due to Contractor from the Council under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Interest of Contractor. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the services required to be performed under this Contract. Contractor further covenants that in the performance of this Contract no person having such interest shall be employed. Contractor agrees that it will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. Interest of Members of or Delegates to Congress. No members of or delegates to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. Gratuities. If it is found, after notice and hearing, by the Council that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any official, employee or agent of the Council, DHS or OHS with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this Contract, the Council may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract and/or pursue such other rights and remedies provided by law or under this Contract. Certification Regarding Lobbying. A. Contractor certifies compliance with 31 U.S.C covering government-wide restrictions on lobbying, which provides that no federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influence or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. Contractor further certifies that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative 23

24 agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. Contractor understands and agrees it cannot use any federal funds, either directly or indirectly in support of the enactment, repeal, modification or adoption of any law, regulation, or policy at any level of government. E. Contractor shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative Contracts) and that all subrecipients shall certify and disclose accordingly. Certification Regarding Debarment, Suspension and Other Responsibility Matters A. Contractor certifies to the best of its knowledge and belief, that it and its principals: 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) have not within a three (3) year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense; 4) have not within a three (3) year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default. B. This certification is a material representation of fact upon which reliance was placed when the Council determined whether to enter into this transaction. If it is later determined that Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Council may terminate this Contract for cause. Contractor shall provide immediate written notice to the Council if at any time the Contractor learns that its certification was erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order C. Contractor agrees it is non-delinquent in its repayment of any federal debt, including but not limited to delinquent payroll and other taxes, audit disallowances, and benefits overpayments. Contractor certifies it is not currently delinquent in its repayment of any federal debt and agrees to notify the Council immediately if Contractor will be in breach of this provision. D. Contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from 24