01_CTR055722_Transportation_Broker_Executed_Contract.pdf

Request for Proposal Solicitation No.

BPM003244

Non-Medical Transportation Broker

State of Arizona

Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

SECTION 1-A: Scope of Work

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1.0 Introduction

1.1 The Arizona Department of Child Safety (ADCS) is statutorily responsible for providing services to families whose children are involved with ADCS. ADCS Vision and Mission Statements are:

Vision: Children thrive in family environments free from abuse and neglect.

Mission: Successfully engage children and families to ensure their safety, to strengthen families, and to achieve permanency.

2.0 Purpose and Background

2.1 The purpose of this Request for Proposal (RFP) is to solicit proposals for a Contractor to serve as the Non- Medical Transportation Broker to arrange for Non-Medical Transportation (NMT) services for adults, children and families whom may include individuals with disabilities who receive services from the Arizona Department of Child Safety (ADCS) or the Arizona Department of Economic Security (ADES).

1. A NMT broker is defined as an entity that has agreements with multiple transportation providers across the state to meet the non-medical transportation needs required under this contract. NMT services include transportation of clients to and from:

a. Supervised Visitations;

b. Family Visits:

c. Transitional Visits;

d. Court appointments;

e. Employment;

f. School; and

g. Independent Living.

2. All medical transportation (i.e. transportation to behavioral health appointments, medical and/or dental appointments, to pick up prescription, lab appointments, etc.) will be done through Mercy Care DCS CHP health plan.

3. To provide a non-emergency transportation broker service to ensure reasonable access to and from the services needed. The broker must have access to multiple providers to accommodate to the needs for DCS. The broker will also coordinate with all transportation requests with the case manager.

https://procure.az.gov/bso/

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2.2 ADCS provides both protective services and foster care services throughout the state. Foster care children are not often placed in close proximity to their parents, and professional service providers. Many clients reside outside of a metropolitan area; therefore, referrals may require transporting a client from or between a rural community and metropolitan area within the service area.

3.0 General Requirements. The Broker shall

3.1 Ensure that all NMT transportation services are safe, reliable, and on time, by providers that are licensed, qualified and courteous.

3.2 Maintain a network of transportation providers to provide NMT services statewide. The Contractor is responsible for paying the network of providers.

3.3 Provide NMT services statewide twenty four (24) hours a day, seven (7) days a week.

3.4 Ensure that all services, procedures, and forms provided are culturally relevant, linguistically appropriate and gender responsive (including Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ)).

3.5 Have the ability to serve non-English speaking families by being able to communicate in the preferred language of the guardian, parent and/or child (ren).

3.5.1 At a minimum, the Contractor shall cover Spanish, American Sign Language, Arabic, Farsi, and Swahili.

3.5.2 Provide translation and interpretation services to meet the requirements of this contract, by complying with Federal law regarding Limited English Proficiency (LEP (Exhibit A).

3.5.3 The Contractor is required to cover the cost of the five (5) most common languages listed.

3.5.4 The Contractor must provide a certified interpreter over the age of twenty-one (21) as needed.

3.5.5 ADCS will reimburse all other languages that require interpretation and/or translation services for the parent(s)/caregiver(s) and the child (ren) at cost upon submittal of receipts or invoices with the monthly invoice.

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4.0 Specific Requirements.

4.1 Receipt of Service Request: The Broker shall

4.1.1 Acknowledge receipt of the service request within twenty-four (24) hours of receipt. Notify the requesting case manager if there are concerns with the requested service or with the referral questions, in order to develop the best strategy for service(s).

4.1.2 ADES clients:

1. Accept all service request received (Exhibit C) from ADES via email.

2. Acknowledge receipt of the service request by email within twenty-four (24) hours of receipt. Notify the requesting the referring agency if there are concerns with the requested service or with the referral questions, in order to develop the best strategy for service(s).

4.2 Assignment of Transportation Provider: The Broker shall

4.2.1 Request the most updated information and transportation details from the referring case manager before conducting the scheduled appointment.

4.2.2 Verify the following:

1. That the time and point of pick up and return are accurate;

2. If child passenger restraint seats are required (required for any child under age five (5) years or under eight (8) years of age who is less than four (4) feet nine (9) inches tall);

3. Whether vehicle lifts, or wheelchair accessibility is required; and

4. Whether an attendant is required for children under the age of seven (7).

a. Prohibit children seven (7) years of age and younger from riding unaccompanied unless pre-approved by the Department staff person.

4.2.3 Assign the service request to a transportation provider, and send the information listed below to the referring case manager by email within twenty-four (24) of receipt of referral

1. Name of assigned transportation provider;

2. Client name; and

3. Time and place of scheduled pickup/drop-off.

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4.2.4 When assigning and scheduling transportation request:

1. Ensure that physically disabled and medically fragile clients with special needs are transported in a vehicle adapted to those needs per Americans with Disabilities Act (ADA) requirements.

a. This includes accommodating guide dog between vehicle or van seats or seats up front.

2. Schedule transports in such a manner that a delay to one trip will not result in delays to successive scheduled trips.

3. Whenever safe and reasonable, to combine referrals from the same

Agency and/or Department for a given day to provide transportation services in a vehicle.

a. This shall apply to referrals that have the same origination point or originate within a five mile radius of each other.

b. The transport is to be along the safest and shortest route traveled, without delaying on-time arrival.

4. Transport client(s) to the location designated on the service request by the safest and shortest route within the time requirements specified on the referral.

4.2.5 Notify the referring case manager the same day if:

1. The client requests a change or,

2. If the client does not respond to the phone call, to determine if the trip is to be re-scheduled.

4.3 Pick-up and Return of Client: The Broker shall ensure that the assigned transportation provider:

4.3.1 Notifies the client by phone or mobile device application when the driver arrives at the designated location.

4.3.2 Escort all clients to and from the vehicle, and assist with vehicle entry, in addition:

1. Escort blind and visually impaired clients from their pick up point to their destination point of entry.

2. Escort all clients under eighteen (18) years of age, from the delivering party to the receiving party.

4.3.3 Ensure that clients are not left unattended while the service is being provided.

1. When multiple youth are being transported in the vehicle, the driver shall call the delivering or receiving party to come collect or bring

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4.3.4 When transporting children, the provider shall obtain a signature

(electronic or hard copy) from the receiving party on the provider’s log.

4.3.5 Assist with passenger restraint system, ensuring that all clients are secure according to Arizona Revised Statues (Title 28 – Transportation) and applicable federal motor vehicle safety standards (i.e. placing the child in a car seat, assisting a youth with putting a seat belt on, etc.).

4.3.6 Wait at least fifteen (15) minutes beyond the scheduled pick-up time before entering the client as a no-show.

1. When dropping off or picking up disabled or physically impaired individual(s) (example: deaf or blind with guide dog) allow an additional fifteen (15) minutes to escort the individual(s).

` 4.3.7 For No-Shows:

1. The transportation provider shall attempt to contact the client by phone or mobile device app before leaving the designated pick up point.

2. The transportation provider shall immediately notify the Broker that there is no response from the client.

3. Within twenty-four (24) hours of the scheduled pick-up time, the Broker shall send a notification to the referring case manager by phone, email or mobile device app of the no-show

4.4 General Transportation of Client. The Broker shall ensure that the assigned transportation Provider’s:

4.4.1 Transport all individuals to and from their destination in accordance with existing traffic laws and in a safe and timely manner (i.e. within fifteen

(15) minutes of the scheduled pick up and fifteen (15) minutes of the scheduled delivery).

4.4.2 Notify the receiving party immediately of any delays in arrival time via phone or mobile device app.

4.4.3 Ensure all clients are provided a reasonable level of comfort (air conditioning, heating, etc.) during the transport.

4.4.4 Utilize a safe vehicle loading and unloading area away from moving traffic and hazardous obstructions for passenger entry and exit from vehicle.

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4.4.5 Provide a vehicle that is smoke-free and prohibit smoking around the client.

4.4.6 Prohibit clients from standing or sitting on the floor while the vehicle is in motion.

4.4.7 Transport clients only in portions of the vehicles constructed for the purpose of transporting people, not in truck beds, campers, any trailer attachment to a motor vehicle, etc.

4.4.8 In accordance with 49 Code of Federal Regulations Part 581.213 and those of the National Highway Safety Traffic Administration pertaining to child passenger restraint systems, as may be amended.

1. Provide child safety passenger restraint seating (i.e., car seats, booster seats) as required on the service request.

2. Ensure that the child is restrained in seating.

3. Require the use of lap and shoulder belt seat belts for all clients not in child safety restraint seating.

4.4.10 Have all vehicle doors locked at all times when the vehicle is in motion

4.4.11 Are prohibited from carrying and using firearms, weapons or any form of explosive, flammable (i.e. fuel) and/or harmful material and/or liquid (i.e.

liquor or beer) while on duty.

4.4.12 Adhere to all applicable Federal, State and local laws and ordinances on traffic safety regulations, while on duty. An example includes "Don't

Text and Drive".

4.4.13 Notify the broker Immediately regarding:

1. All disruptions of service (i.e., breakdowns, accidents, unusual traffic congestion)

2. All client-caused disruptions of service (parent fight, behavior related including flight or disappearance, resistance, inappropriate behavior, etc.).

3. Provide a written Unusual Incident report of the disruption to the referring department person within twenty-four (24) hours of the disruption (Exhibit D Significant Incident Report).

4.4.18 Call 911 to ensure the child's safety when a child is in imminent danger or at risk of abuse.

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5.0 Provider Requirements.

5.1 The Broker shall have a minimum of two years of experience working as a Broker for transportation services to clients. This experience requirement is to ensure the Broker:

1. Has a large enough network of transportation Provider’s to meet the needs of the contract upon contract effective date.

2. Is able to manage the service request volume from ADCS.

3. Is able to provide statewide transportation services to clients

5.2 Ridesharing is not permitted for the provision of services under this contract because these drivers do not meet the minimum qualifications as stated in Section 5.3.2 and Section 5.5.2.

5.3 Staffing. The Broker shall:

5.3.1 Accept service request upon contract effective date and have adequate transportation Provider’s to manage the capacity listed in their proposal.

1. Have a clear Central Registry Background Check and a Level One fingerprint clearance card prior to delivering services to ADCS clients, which is to be reviewed and updated annually.

2. Upon hire and on a bi-annual basis, verify that drivers providing services to the ADCS' clients have:

a. A valid driver's license that has not been suspended or revoked due to a moving violation within the last three (3) years of date of hire.

1) New hires and current employees who have had their license suspended or revoked for issues other than moving violations (i.e. due to nonpayment of registration fee or parking ticket), can provide transportation to AADCS clients if:

a) Their license has been reinstated, and

b) They have had no further moving or nonmoving violations for at least six (6) month from first date of suspension.

b. Valid Car insurance

c. No Driving while intoxicated (DWI) or Driving Under the Influence (DUI) during the life of the Contract or in the five (5) years preceding the Contract.

d. No At Fault Accidents during the life of the Contract or in the five

(5) years preceding the Contract.

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e. No more than two (2) moving violations during the life of the Contract or in the five (5) years preceding the Contract.

f. No more than one (1) excessive speed (per the A.R.S. § 28- 701.02) violation during the life of the Contract or in the five (5) years preceding the Contract.

g. No criminal violations during the life of the Contract or in the five

(5) years preceding the Contract.

h. Current CPR certification

i. Have not been placed on probation or parole for the last ten (10) years from date of hire.

j. Have no civil, criminal, or juvenile restraining orders within the last ten (10) years from present date.

k. Have a clear pre-employment drug test result, as well as clear random annual drug testing results. Verification is to be kept in the Personnel File.

5.3.3 Exclude any drivers required by court order to have an ignition interlock device in order to drive a vehicle as a result of being charged or convicted of Driving Under the Influence (DUI), Driving While

Intoxicated (DWI), etc. from providing services to referred clients.

5.3.4 Provide an Identification Card to all persons providing transportation, whether paid or volunteer. The person providing the transportation service shall wear the identification card which shall be clearly visible to all clients.

5.4 Professional Standards. The Broker shall ensure that all transportation Provider’s:

5.4.1 Are well groomed, and present a professional appearance. Prohibited clothing includes:

1. Any garments deemed inappropriately tight, short, or revealing

(mesh tops, midriff tops, tank tops, tube tops, short shorts, work out and/or yoga pants, etc.)

2. T-shirts that have decals, slogans, or pictures that contain references to illegal substances (i.e. alcohol, drugs, etc.) or immoral behavior are not allowed. (Provider Company Logo is acceptable)

3. Pants or shorts worn below the waist to the extent that the underwear and/or skin is/could be exposed.

4. Clothing shorter than 2" above the knee

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5.4.2 Treat clients in a courteous manner, refraining from profanity and adverse personal gestures toward them during services performed.

5.4.3 No employees, under any circumstances, shall engage with clients in any act of sexual contact and/or sexual conduct as defined in A.R.S. § 13-1401 and A.R.S. § 13-3551. This applies to contact with clients on duty and off duty.

5.4.4 Have cell phones that are fully operable within the operable service area for each client transport.

5.4.5 At no time endanger the health or safety of the client under their care.

5.5 Licensure, Certification and Standards. For all vehicles transporting clients, the Broker shall:

5.5.1 Verify that vehicles meet all applicable federal, state and local safety and maintenance standards. Maintain maintenance logs on all vehicles.

5.5.2 Have a valid “Vehicle for Hire Permit” from the Arizona Department of

Transportation as required under A.R.S. § 28-9503.

1. A copy of the ADOT business permit shall be present inside the vehicle at all times (A.R.S. § 28-9503(F)).

2. The vehicle must have an ADOT/MVD-approved license plate.

3. A vehicle that transports passengers for hire and that has a design capacity for over 8 passengers requires a commercial license plate (A.R.S. § 28-5201(1)(e)).

4. Driver's name must be displayed on either an interior sign that is readily visible in either a print or electronic format or on a digital network or software application (A.R.S. § 28-9506 (A)).

5. Current and correct insurance documents and vehicle registration must be carried in the vehicle at all times (A.R.S. § 28-4039).

(ACORD and ID cards).

6. Interior signage for non-emergency medical vehicles or vehicles in contract with a government agency must indicate that fares are determined by contract with a governmental agency or agencies when providing those services.

5.5.3 Ensure all transportation vehicles clearly display the Provider’s and/or

Subcontractor's logo or other identification of the Provider’s fleet on both sides of the exterior of all vehicle.

5.5.4 The interior of all vehicles shall be clear of torn upholstery; floor or ceiling covering; damaged or broken seats; protruding sharp edges; dirt;

https://procure.az.gov/bso/ https://azdot.gov/motor-vehicles/professional-services/vehicle-hire-licensing/taxi-livery-and-limousines https://azdot.gov/motor-vehicles/professional-services/vehicle-hire-licensing/taxi-livery-and-limousines

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5.5.5 All vehicles shall be equipped with basic first aid kits.

5.5.6 Have available for inspection at all times by ADCS, vehicle safety and emission inspections of all the vehicles utilized to transport referred clients.

1. The safety inspection shall include, minimally, a brake and tire inspection by a qualified party.

2. Maintenance records shall be kept for two years (A.R.S. § 28-

9507(B)).

5.6 Personnel File. The Broker shall:

5.6.1 Maintain the following in staff's personnel file and update annually:

1. Central Registry Background Check;

2. Level One fingerprint clearance card;

3. Proof of training;

4. Proof of a valid Driver’s or Chauffeur’s License for all drivers;

5. Proof of current and valid motor vehicle insurance and it shall be updated after the expiration of the current policy;

6. Documentation showing verification of the driving record for the driver providing transportation services to assure no revocation or suspension of their license within the last three (3) years.

7. Suspension notice of driver’s license shall be placed in the personnel file within three (3) business days if an employee providing direct client services has their license suspended and/or their finger print clearance card is in restricted status.

8. Evidence of drug testing records including pre-employment drug testing results and random annual drug testing results.

5.7 Service Case Records. The Broker shall:

5.7.1 Establish and maintain a confidential service case record for each client to whom services are provided. A service case record shall include at least the following information:

1. Copy of the service request;

2. All documents related to services provided to client, including transportation logs;

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3. Any significant incidents that occurred in relation to the client case or any incident related to or during delivery of service as noted in Section 6.2.

5.7.2 Provide the original service case record to the referring agency within two (2) business days of the request. The Provider shall keep a copy of the record for their records.

5.7.3 Retain case file for a period of five (5) years, after termination of the

Provider, or five (5) years after termination of the service to the family, whichever is later.

5.7.4 The Provider shall shred the case file as the means of disposing the record after approval is obtained from ADCS.

5.7.5 Maintain confidentiality of case and case record at all times in accordance with:

1. ADCS policy (https://ADCS.az.gov/about/ADCS-policies)

2. Arizona State Library Archives

(http://www.azlibrary.gov/arm/retention-schedules)

3. ADCS Business Associate Agreement with HITECH

4. The Social Security Administration Privacy Act

(https://www.ssa.gov/agency/privacyact.html).

5.7.6 Provider is prohibited from sharing any information regarding, or pictures of any parent/caregivers or children, including but not limited to verbally, on social, printed, or electronic media.

5.8 Training. The Broker shall:

5.8.1 Provide all staff with initial training and refresher training as needed, at a minimum to include the following:

1. Proper installation of child safety passenger restraint seating (i.e., car seats, booster seats, etc.);

2. Cell phone operation and emergency call procedures;

3. How to contact the Hotline when it is appropriate to do so

4. Unusual incident reporting requirements as per Section 6.2

5. Confidentiality requirements

6. Basic Training on assisting individuals with disabilities and/or medically fragile in entering and exiting the vehicle.

https://procure.az.gov/bso/ https://dcs.az.gov/about/dcs-policies http://www.azlibrary.gov/arm/retention-schedules https://www.ssa.gov/agency/privacyact.html

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6.0 Reporting Requirements. The Broker shall:

6.1 ADCS reserves the right to request the Provider submit additional or revised reports related to the service provisions.

6.2 Significant Incident Report – ADCS Form CSO-1151A (Exhibit D) – Provider’ss shall contact ADCS within two (2) hours of discovering the families or ADCS child

(ren) placed with a family have experienced any incident(s) and submit the written report within twenty-four (24) hours.

6.2.1 Utilizing the ADCS Significant Incident Report form as provided, document and report any incident as listed, but not limited to, the following:

a. Individual deaths;

b. Suicide ideation and/or attempts;

c. Self-abuse;

d. Bullying;

e. Physical abuse and allegations of physical abuse;

f. Sexual abuse and allegations of sexual abuse;

g. Sexual contact or physical aggression between children that involves an inquiry regarding the supervision provided by the out of home caregiver;

h. Any incident involving injury or trauma (i.e., accidents) regardless of treatment location;

i. When medicine is administered in an emergency situation;

j. When an error in administering any medication resulted in an emergency medical intervention;

k. Adverse medication reactions resulting in medical intervention;

l. Inpatient hospitalized clients;

m. Accidents occurring in home or off-site, while under the supervision of the family, requiring emergency medical treatment, which is not limited to near drowning that required resuscitation;

n. Threats and/or altercation with parent, staff or child (ren);

o. Assault, Fighting or Physical Aggression

p. Damage or theft of property;

q. Substance Abuse;

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r. Police involvement;

s. Emergency Evacuations;

t. Transportation/traffic-related incidents;

u. Disasters, such as a major fire in the facility when children were present or which affect individual care areas;

v. When a physical restraint is used; and

w. When the child (ren) is determined to be a runaway.

6.2.2 Incident reporting procedure: When filing an incident report refer to Exhibit E to determine if calling the child abuse hotline is also required.

1. If an incident Report is required:

a. The Provider shall report to the DCS Case Manager, either verbally or via email, within two (2) hours of discovering the client(s) have experienced any of the accidents or incidents in this contract;

b. Complete the DCS Incident Report; and

c. Submit a written DCS Incident Report to the DCS Case within twenty-four (24) hours after the initial notification

2. If a call to the Child Abuse Hotline is required:

a. Call the Child Abuse Hotline at 1-888-767-2445 (if applicable);

and

b. Make a police report (if applicable).

7.0 Payment Units: Non-Medical Transportation (NMT) rates are inclusive of all costs related to the delivery of services including driving time, services, insurance, and wait time (as referenced below). These rates are regardless of the number of passengers transported within the trip route.

7.1 NMT Flag Drop: Ambulatory and Non-Ambulatory

1. Paid upon initial pick up of referral and paid upon any additional pick-ups en route to final destination.

2. Additional pick-ups are one flag drop at each location and not per person.

7.2 NMT: Non-ambulatory – wheelchair (urban and rural)

1. Services to clients that are not able to walk, who may be in a wheelchair or other device

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2. Paid for actual miles from pick up to drop off, regardless of number of passengers.

7.3 NMT: Ambulatory (urban and rural)

1. Services to clients that are capable of walking

2. Paid for actual miles from pick up to drop off, regardless of number of passengers.

7.4 NMT: Attendant (urban and rural)

1. Rate per Hour for Pre-approved addition of Contractor staff member to be on board during the transport. Rate includes monitoring, assistance, and services for client.

Payment will only be made with the signed submittal of the case manager approval of attendant requirement with the monthly invoice.

2. Hourly rate with hours, paid by the nearest quarter hour (i.e. if an attendant works for 1 (one) hour and seven (7) minutes, then the invoice shall reflect one (1) hour and fifteen (15) minutes).

7.5 Transportation Waiting Time:

1. Rate per hour for Pre-approved wait time.

2. Payment will only be made with signed case manager approval of wait time with the monthly invoice.

3. Hourly rate with hours, paid by the nearest quarter hour (i.e. if the driver waits for thirty (30) minutes, then the invoice shall say 0.50 hours)

7.6 No show/Cancellation rate –

1. Paid when notice of cancellation is done less than 1 (one) hour prior to pick up time, or with on-scene cancellation, or with no-show clients after wait time as specified in Section 7.4.

2. Payment will only be made if the Contractor notified the referring department staff in writing of a no-show within twenty-four (24) hours of the scheduled pick-up time.

3. If there were multiple people scheduled for the transport, cancellation fee will only by paid if all clients cancel/no-show.

8.0 Performance Requirements

8.1 ADCS will be monitoring fidelity of delivery to program design, and the outcomes of this contract based on the specific performance measures listed

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8.2 Provider’s shall be expected to meet the ADCS target rates as listed that are based on the specific performance measures listed within the scope of work.

8.3 Failure to meet any of the performance metrics below or failing to meet any of the ADCS expectations as outlined in the scope of work, may result in a vendor performance report that may lead to a demand for assurance, which could lead to contract termination for default.

# Performance Measure Target Due By Performance Reporting

Method Measure Reference

Maintain a network of transportation

Provider’s to provide NMT services statewide.

100% Start of contract # of client referrals declined in Guardian due to no drivers available

# of clients transported Scope of Work, Section 3.2

All drivers shall have a clear Central Registry Background Check and a Level One fingerprint clearance card prior to delivering services to ADCS clients, which is to be reviewed and updated annually.

100% Upon hire and annually

Audit of personnel files

# of personnel with Background checks and Level 1 Fingerprint clearance cares

Scope of Work, Section 5.3.2

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Description:

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State of Arizona

Department of Child Safety

Office of Procurement &

Contracts

Updated 3/4/2021 10:27:58 AM

SECTION 1-A: Scope of Work

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Definitions

1. Arizona Department of Child Safety (ADCS): The state agency whose primary purpose is to protect children and includes the coordination of services to achieve and maintain permanency on behalf of the child. Also referred to as the “Department” or “ADCS”.

2. Arizona Department of Economic Security (ADES): The state agency that works with families, community organizations, advocates and state and federal partners to realize our collective vision that every child, adult, and family in Arizona will be safe and economically secure.

3. Caregiver: Parties that provides legal (temporary, permanent or transitional) custody to the child (ren).

4. Central Registry: The information maintained by the ADCS of substantiated reports of child abuse or neglect for the purposes of A.R.S. § 8-804.

5. Child: A person less than 18 years of age.

6. Days: are calendar days unless otherwise stated.

7. DDD: means Division of Development Disabilities.

8. Fingerprint clearance card: The card issued by the Arizona Department of Public

Safety (A.R.S. §41-1758 et. Seq.) certifying that the person named on the card does not have a state or federal criminal history record containing an offense specified as a precluding crime in A.R.S. Title §41, Chapter 12.

9. Hazard: A condition or situation that may cause or result in a physical injury or illness to a child.

10. Medically Complex: A “child with special healthcare needs as determined by the

Department and includes children who have or are at risk for chronic physical or developmental conditions and who require health and related services of a type or amount beyond that required by children generally.

11. Out of home placement: When a child is placed in any out-of-home setting, including foster home, group home, shelter care or a residential treatment facility.

12. Parent: The lawful and natural father or mother of a person.

13. Placement: Means the act of finding an appropriate foster home for a foster child

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14. Sibling: Means brothers and sisters by birth or adoption, stepbrothers, stepsisters, half-brothers, and half-sisters.

15. Significant Incident: Any unforeseen, unexpected, or unplanned event that involves, but is not limited to; death, injury, violence (including physical, written, or verbal threats of violence), illness, or transport to a hospital from a single incident, an injury to staff or client, the flight or disappearance of a client, property damage to a department asset or personal property, theft, vandalism, property damage that will impact clients, relatives, ADCS employees or administration, or the general public, and any other incident that may be considered newsworthy by the media or incur liability to the State of Arizona.

16. Urban Counties: Includes Maricopa, Pinal, and Pima Counties.

End of Section 1-A

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SECTION 1-B: Pricing

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SECTION 1-B: Pricing

10.0 PRICING

10.1 PRICING-ALL-INCLUSIVE. Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Scope of Work and all aspects of Provider’s offer as accepted by DCS. Details of service not explicitly stated in the Scope of Work or in Provider’s Offer, but necessarily a part of, are deemed to be understood by Provider’s and included herein. All administrative, reporting, or other requirements, all overhead costs, profit, and any other costs toward the accomplishment of the requirements in the Contract are included in the pricing provided.

10.2 PRICE INCREASES. DCS may review a fully documented request for a price increase. The requested increase shall be in writing and be based upon a cost increase to the Provider that was clearly unpredictable at the time of the offer and is directly correlated to the price of the services concerned. Provider’s must provide conclusive evidence of a need for any price increases such as being substantiated by the Producer Price Index, Consumer Price Index, or similar pricing guide.

1. Initial Contract prices shall be honored for one (1) year after award of Contract.

2. All written requests for price adjustments made by the Provider’s shall be initiated forty-five (45) days before the contract is due to be extended for another year (45 days before contract end date).

3. All price adjustments will be implemented by a formal contract change order. DCS shall determine whether the requested price increase or an alternate option is in the best interest of the State.

10.3 ADDITIONAL CHARGES. Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the Contract. All additional work shall be approved in advance and be in accordance with the contract rate.

11.0 INVOICING

11.1 Monthly Invoices

11.1.1 Invoices and supporting documentation shall be submitted between the 1st and the 15th of the month following each service month via the DCS Case Management Welfare System

a. The invoice shall be completed and submitted in the case management system

b. The monthly invoice shall include all of the required documentation as attachments

Department of Child Safety

Office of Procurement & Contracts

SECTION 1-B: Pricing

Page 20 of 66 1

11.1.2 Final invoices shall be submitted by the 30th day of the month following the end of each contract year. The final invoice shall include all adjustments to invoices submitted during the immediately preceding contract year and all claims for unpaid services provided during the immediately preceding contract year.

11.1.2 Payment shall only be made by the Department upon receipt of a timely and accurately submitted invoice with required documentation as indicated above. Non-compliance shall delay the payment process

11.1.4 Defective Invoices. Without prejudice to its other rights under the Contract or further obligation to Provider, DCS may, at its discretion, reject any materially defective invoice.

1. DCS shall notify Provider after receipt if DCS determines an invoice to be materially defective.

2. Invoices will be deemed automatically rejected upon delivery if they:

a. are sent to an incorrect address;

b. do not reference the correct DCS contract number; or

c. are payable to any Person other than the Provider.

3. DCS will have no obligation to pay against a defective invoice unless and until Provider has re-submitted the invoice free of defects.

11.2 Payments

11.2.1 DCS may pay accurate claims submitted with all required supporting documentation for any undisputed amounts due to the Provider within the time specified in the Special Terms and Conditions.

11.2.2 DCS may, but is under no obligation to, pay by joint check or to pay directly to any Subcontractor or other creditor to whom any portion of Provider’s requested payment is owed.

11.2.3 If DCS determines that an over-payment has been made to the Contractor on any prior invoice, it shall inform Provider of the amount and date of the over-payment and may deduct the over-paid amount from amounts then or thereafter due to the Provider.

11.2.4 The Provider shall make payment of all undisputed amounts due to

Subcontractors within thirty (30) days of receipt of funds from DCS applicable to their services.

End of Section 1-B

BPM003244

Non-Medical Transportation Broker

State of Arizona

Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

Updated 3/4/2021 10:27:58 AM

SECTION 1-C: Special Terms and Conditions

Page 21 of 66 1 A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

SECTION 1-C: Special Terms and Conditions

The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms

In addition to the terms and conditions defined in the Uniform Terms and Conditions and as used in the Contract, the following terms listed shall apply:

1.1 Acceptance “Acceptance” means the document headed “Offer and Acceptance Form” bearing the State contract number once Procurement Officer has signed it to signify

(1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2 Accepted Offer If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

If State did request a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3 Arizona Procurement

Code;

A.R.S.;

A.A.C.

“Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et. sequitur, in the Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2 7 101 et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.”).

NOTE: There are frequent references to the Arizona Procurement Code throughout the Solicitation Documents; therefore, you will need to be familiar with its provisions to be able to understand the Solicitation Documents fully.

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations

The Arizona State Legislature provides the official A.R.S. online at:

http://www.azleg.gov/ArizonaRevisedStatutes.asp

The Office of the Arizona Secretary of State provides the official A.A.C. online at:

http://www.azsos.gov/rules/arizona-administrative-code

1.4 Attachment “Attachment” means any item that:

1. the Solicitation required Offeror to submit as part of the relevant Offer (e.g., Initial Offer, Revised Offer, or BAFO);

2. was attached to an Offer when submitted; and

3. was included in the Accepted Offer.

https://procure.az.gov/bso/ https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations http://www.azleg.gov/ArizonaRevisedStatutes.asp http://www.azsos.gov/rules/arizona-administrative-code

BPM003244

Non-Medical Transportation Broker

State of Arizona

Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

Updated 3/4/2021 10:27:58 AM

SECTION 1-C: Special Terms and Conditions

Page 22 of 66 1 A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

1.5 Award Date “Award Date” means the date the contract is executed by the Department. This may or may not be the same date at the “Effective Date” which is the date specified on the Offer and Award or Signature page.

1.6 Contract

Amendment

"Contract Amendment" means a document signed by Procurement Officer that has been issued for the purpose of making changes to the Contract after execution. The term “Change Order” in the eProcurement system is to be construed as being synonymous with “Contract Amendment”.

1.7 Contract Terms

and Conditions

“Contract Terms and Conditions” means these Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.8 Provider “Contractor” means the Person identified on the Accepted Offer who has entered into the Contract with State.

1.9 Provider Indemnitor “Provider Indemnitor” means Provider or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.10 Department “Department” means the Arizona Department of Child Safety (ADCS), unless otherwise indicated

1.11 Effective Date “Effective Date” means the date the Provider is to start delivering services. The Effective Date is specified on the Offer and Award or Signature page

1.12 eProcurement “eProcurement” means State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy.

NOTE (1): The URL for the eProcurement system itself is:

https://app.az.gov/

NOTE (2): The name and URL for the State’s official electronic procurement system may change at any time during the contract period. Provider’s will be notified in writing of any such changes. No contract amendment is required for this change.

1.13 May “May” indicates something that is not mandatory but permissible

1.14 Pricing Document “Pricing Document” means Section 2-C of Part 2 of the Solicitation Documents, provided that, if there is no such Section in the Contract, then “Pricing Document” is to be construed as referring to whatever item in the Contract contains the contracted pricing and payment provisions.

1.15 Shall or Must “Shall, Must” indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive

1.16 Should “Should” indicates something that is recommended but not mandatory. If the Provider fails to provide recommended information, the State may, at its sole option, ask the Provider to provide the information

1.17 Vulnerable Adult “Vulnerable adult" means an individual who is eighteen (18) years of age or older https://app.az.gov/

BPM003244

Non-Medical Transportation Broker

State of Arizona

Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

Updated 3/4/2021 10:27:58 AM

SECTION 1-C: Special Terms and Conditions

Page 23 of 66 1 A v a i l a b l e o n l i n e a t : A P P . A Z . g o v who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment

2. Legal Authority

2.1 State 1. Arizona Revised Statutes (A.R.S.) § 8-453 (A11) authorizes ADCS to make contracts and incur obligations within the general scope of its activities and operations subject to the availability of funds.

2. A.R.S § 8-453 (A9bi) authorized ADCS to provide the cost of care of children who are adjudicated by the court as dependent and who are in out of home placement.

3. A.R.S. § 8-846 authorizes ADCS to provide services to children and families.

4. Arizona Constitution, Article 28 governs Limited English Proficiency in the State of Arizona.

2.2 Federal Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., and 45 C.F.R Part § 80.3(b) are the federal laws that prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., and 45 C.F.R Part § 80.3(b) are the federal laws governing Limited English Proficiency.

(Limited English Proficiency Policy ADCS06-01).

The Provider shall ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served following the ADCS Policy, Limited English Proficiency, ADCS 1-01-34.

3. Contract Administration and Operation

3.1 Eligible Agencies Any contract resulting from this solicitation shall be for the exclusive use of the designated State of Arizona agency.

3.2 Term of Contract The term of the Contract will commence on the date indicated on the Offer and Acceptance and continue for two (2) years unless canceled, terminated, or permissibly extended.

3.3 Contract Extensions The State shall have the unilateral right to extend the contract period for three (3) additional one (1) year periods or portions thereof for a total contract term not to exceed five (5) years. The terms and conditions of any such contract extension shall remain the same as the original contract.

1. The State has no obligation to extend or renew a contract.

2. Contracts may be extended or renewed for multiple periods, or may be established as a multi-year contract in its entirety or in part at the sole option of the State

3.4 Notices In addition to the Uniform Terms and Conditions, the following shall apply:

1. All notices shall reference the contract number.

2. The Provider shall give written notice to the Department of changes to the following, and a written amendment to the contract shall not be necessary:

BPM003244

Non-Medical Transportation Broker

State of Arizona

Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

Updated 3/4/2021 10:27:58 AM

SECTION 1-C: Special Terms and Conditions

Page 24 of 66 1 A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

a. Change of telephone number;

b. Changes in the name and/or address of the person to whom notices are to be sent;

c. Changes in contract-related personnel positions of the Provider which do not affect staffing ratios, staff qualifications or specific individuals required under this contract; or

d. In a fixed price with price adjustment contract, whenever there is less than a 10% increase in any budget category; any such increase must be offset by an equal value decrease in another budget category or categories.

3.5 Estimated Quantities This solicitation references quantities as a general indication of the needs of the state. The state anticipates considerable activity resulting from contracts that will be awarded as a result of this solicitation; however, the quantities shown are estimates only and the state reserves the right to increase or decrease any quantities actually acquired. No commitment of any kind is made concerning quantities and that fact should be taken into consideration by each potential provider.

3.6 Contractor Licenses Provider shall maintain current all federal, state and local licenses and permits required for the operation of its business in general, for its operations under the Contract, and for the Work itself.

3.7 E-Verify In addition to the terms and conditions in the Uniform Terms and Conditions, the following shall apply:

1. A breach of a warrant regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Provider may be subject to penalties up to and including termination of the contract.

2. Failure to comply with a State audit process to randomly verify the employment records of provider’s and subcontractors shall be deemed a material breach of the contract and the Provider may be subject to penalties up to and including termination of the contract

3.8 Background Checks

for Employment through the Central Registry

If providing direct services to children or vulnerable adults, the following shall apply:

1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions of this Contract.

2. The Department will conduct Central Registry Background Checks and will use the information contained in the Central Registry as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

a. Any person who applies for a contract with this State and that person’s employees;

b. All employees of a provider;

BPM003244

Non-Medical Transportation Broker

State of Arizona

Department of Child Safety

Office of Procurement & Contracts

3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

Updated 3/4/2021 10:27:58 AM

SECTION 1-C: Special Terms and Conditions

Page 25 of 66 1 A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

c. A subcontractor of a provider and the subcontractor’s employees; and

d. Prospective employees of the provider or subcontractor at the request of the prospective employer.

3. Volunteers who provide direct services to children or vulnerable adults shall have a Central Registry Background Check which is to be used as a factor to determine qualifications for volunteer positions.

a. A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a Central Registry exception.

b. Before being employed or volunteering in a position that provides direct services to children or vulnerable adults, persons shall certify on forms that are provided by the Department whether an allegation of abuse or neglect was made against them and was substantiated. The completed forms are to be maintained as confidential.

4. A person awaiting receipt of the Central Registry Background Check may provide direct services to ADCS clients after…