Solicitation Requirements Request for Proposal (RFP)

Solicitation No.: BPM006864

Description: Pest Control Services

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DESCRIPTION: In accordance with A.R.S. §41-2534, the Arizona Department of Economic Security (ADES) is requesting sealed proposals from qualified vendors for Pest Control Services.

SOLICITATION NUMBER BPM006864

SOLICITATION DUE DATE/TIME: Wednesday, April 9, 2025, at 3:00 P.M. local Arizona time

SUBMITTAL LOCATION

Submit via the Arizona Procurement Portal (https://app.az.gov)

Note: Questions on how to submit the bid shall be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or (602) 542-7600

PRE-OFFER CONFERENCE:

Pre-Offer Conference will be held via Virtual Conference March 26, 2025, at 1:00 P.M. local AZ time

Google Meet joining information:

Video call link: https://meet.google.com/djd-qano-jrb Or dial: 0116-247-(US) +1 361 PIN: 582 752 560#

CONTACT PERSON:

Emilie Sombrio, Procurement Supervisor Tel. 480-798-5268 Email: ESombrio@azdes.gov

Prospective Offerors are strongly encouraged to read the RFP in its entirety before submitting Offers, to ensure that all requirements in the RFP are understood.

● RFP Solicitation Instructions contains the Special Instructions to Offerors, Uniform Instructions to Offerors, and

Submittal Documents that should be submitted as the Offeror’s response.

Sealed offers in response to this Solicitation shall be submitted within the State’s e-Procurement system, Arizona Procurement Portal (https://app.az.gov) by the due date and time indicated in the State’s e-Procurement system as the Bid Due Date. Late submittals will not be considered. Offers received by the due date and time will be electronically opened.

Offers submitted outside the State’s e-Procurement system, or those that are received after the due date and time, shall be rejected. Additional instructions for preparing an Offer are included in this Solicitation.

Offerors shall download and save attachments to their computer, save the information entered, and submit (upload) the completed information as a new, appropriately renamed Attachment in the State’s e-Procurement system. The State’s e- Procurement system will not save information entered directly on the attachments.

It is Offeror’s responsibility to routinely check the State’s e-Procurement system for Solicitation Amendments.

Inquiries regarding this Solicitation are required to be submitted online through the State’s e-Procurement system using the Discussion Forum tab, seven (7) calendar days prior to the Bid Due Date.

For submission of an exception or to request a substitution to this Solicitation, see Uniform Instructions to Offerors, section 2.4, Timeliness.

With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests are to be addressed to this Solicitation contact person named above.

https://app.az.gov/ https://app.az.gov/ mailto:appsuppliers@azdoa.gov https://app.az.gov/

Solicitation Requirements Request for Proposal (RFP)

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Table of Contents

Section Page

Scope of Work………………………………………………………………………………………………………..3

ADES Special Terms and Conditions………………..…………………………………………………………..9

Uniform Terms and Conditions………………..…………………..…………………..…………………..…….32

Exhibit A – Location Listing………………..…………………..…………………..…………………..………...45

Exhibit B – Region Map………………..…………………..…………………..…………………..……………...48

Scope of Work

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1. ADES Mission and Vision Statements

1.1 ADES Mission: To strengthen individuals, families, and communities for a better quality of life.

1.2 ADES Vision: A thriving Arizona.

2. Purpose

2.1 Purpose Statement: The purpose is to establish Pest Control Services for eligible ADES facilities throughout the State of Arizona.

2.2 Legal Authority: A.R.S. § 41-1954 provides the Department the authority to contract and meet obligations within the general scope of its activities and operations.

2.3 Projected Awards: The Department intends to make multiple awards for this service by region to ensure statewide coverage. However, the Department reserves the right to make a single award.

2.4 Projected Utilization: This contract is on an as-needed, if-needed basis. ADES does not guarantee the number of purchase authorizations to be issued.

3. Definitions

3.1 ADES Designated Personnel: This refers to a Local Office Coordinator, a Project Coordinator, or a designee who oversees facility-related activities for the agency.

3.2 Business Days: Monday through Friday, 8:00 AM - 5:00 PM (Arizona Time) unless specified otherwise, except the State of Arizona observed holidays.

3.3 Scheduled Service: This refers to any service that is on an established service timeline, such as weekly, semimonthly, monthly, or quarterly.

3.4 State Holidays—The State of Arizona observes holidays such as New Year’s Day, Martin Luther King, Jr.

Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

3.5 Supervisor – Refers to the Contractor’s working supervisor at the site location.

3.6 Task Order – Refers to the document prepared by an ADES Designated Personnel, which describes and approves a specific pest control service to be performed.

4. General Requirements

The Contractor shall:

4.1 Provide all services as defined in the Scope of Work as directed by ADES upon receipt of a purchase order.

4.2 Furnish all necessary labor, tools, equipment, supplies, and materials to perform pest control services effectively.

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4.3 Respond to service calls within one (1) business day of receiving a request for service from ADES.

4.4 Respond to emergency service calls within two (2) hours of receiving the service request.

4.5 Provide services that do not damage ADES facilities, grounds, landscaping, utilities, or structures.

4.5.1 If damage occurs, coordinate repairs with ADES within two (2) business days of the damage report.

Repair or replace the damage at no cost to the ADES.

4.6 Provide the adequate number of personnel or subcontractors necessary to complete the services.

4.6.1 Personnel are required to be at least 18 years of age or older, conduct themselves in a professional manner, and ensure all work is performed within the requirements of this contract.

4.7 Employ or sub-contract individuals trained, experienced, and competent who are appropriately certified and licensed to perform the work and deliver the required services.

4.8 Guarantee that all pest control personnel are not under the influence of intoxicating beverages or legal and/or illegal substances while providing services.

4.9 At the discretion of ADES, the on-site personnel shall have the authority to facilitate the work, prioritize the activities, determine the weekly (seasonal) schedules, participate in the day-to-day decisions concerning pest control, assist ADES designated personnel in making on-site inspections, and coordinate the facilities’ operational needs and requirements. The on-site personnel shall be knowledgeable in matters relating to the specific job tasks for pest control projects.

4.10 Provide onsite personnel who can speak, read, write, and understand English. Should specific onsite Contractors and/or sub-contractors personnel not speak English, then such personnel shall work in a location that has a two (2) person team where the other person speaks, reads, writes, and understands English. Should a non-English speaking person cover an outlying area, then a supervisor or manager shall always be available to communicate needs to the non-English speaking person.

4.11 Require all Contractor personnel and/or Subcontractors to be trained in using appropriate Personal Protective Equipment (PPE) and follow the PPE user instructions on all pesticide product label(s).

4.12 Provide pest control personnel and/or subcontractors with a clear photo name badge or uniform that is not orange in color containing the company name and/or logo for identification and security purposes prior to performing services at the location.

4.12.1 If DDD members (“children or vulnerable adults”) are present when the Contractor provides services, ADES Designated Personnel will be responsible for escorting the Contractor throughout the premises.

4.13 Upon notification from ADES, immediately remove any pest control personnel from the location who endanger persons, property, or whose continued work under this contract is inconsistent with the interests of the State.

4.14 Guarantee that no unauthorized use of any state equipment, information, or data will occur while performing services. This includes but is not limited to the consumption of any property belonging to ADES, employees, or the public, including items that have been deposited or discarded in trash receptacles.

4.15 Correct, within two (2) business days, any performance issues discovered by ADES designated personnel following the service or within the time frame agreed upon by both parties in writing.

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4.16 Not store or dispose of chemicals and/or equipment at any facility.

4.17 Notification of Asbestos Containing Materials

4.17.1 ADES Facilities may contain ACBM, (Asbestos Containing Building Materials). Should disturbance to existing finishes or other building materials be required, consult with DES personnel before any action is taken. Asbestos Inspection Surveys may be available for review upon request.

4.18 Chemical Requirements

4.18.1 Upon request, disclose and make recommendations on the use of chemicals for treatment and obtain ADES approval prior to application.

4.18.2 Use only chemical containers with the original manufacturer’s or distributor’s label.

4.18.3 Comply and Adhere to all chemical instructions and warning labels, Safety Data Sheet (SDS), and all other applicable requirements.

4.18.4 Mix and apply chemicals according to the directions written on the label or in any accompanying or referenced literature.

4.18.5 Use only pesticides that have been registered by the Environmental Protection Agency (EPA).

4.18.6 Upon request, provide ADES with an SDS for each chemical used on properties.

4.18.7 Maintain a current SDS sheet for all chemicals used.

4.19 Scheduled Services The following listing of required services is to be performed during regularly scheduled visits at a prior direction of the ADES designated personnel. These services do not replace or supersede the latest industry standards or material and equipment manufacturer’s recommendations. At a minimum, the services shall include:

4.19.1 Eradicate pests to include but not limited to ants, cockroaches, gnats, weevils, silverfish, crickets, earwigs, spiders (including black widow and brown recluse species), scorpions, mites, and other common insects, which are within the building’s property boundaries.

4.19.2 Guarantee treatments for thirty (30) calendar days following scheduled treatment. ADES reserves the right to request re-treatment should pest infestation be experienced during the guarantee period. Re-treatment must be performed within two (2) business days following notification at no additional cost to ADES.

4.19.3 Identify the types of pests, and correct conditions contributing to the pest infestation, determine areas needing treatment, both nonchemical and pesticides, select and implement the appropriate treatment, inspect and monitor results, and detect new invasions.

4.19.4 Treat all buildings as indicated for the eradication of and preventive control, including, but not limited to, every interior room and closet in each facility and

4.19.5 immediately around the base exterior, window frames, door jams, and outside break and lunch areas, including the immediate exterior of the building.

4.19.6 Treat lawns and shrubs to the extent necessary to prevent pest migration into structures.

4.19.7 Provide non-scheduled services at the ADES Designated Personnel’s request.

4.20 Additional Services In addition to the scheduled services described in Section 4.19, other pest control services can be obtained upon request for a task order. Such services include but are not limited to:

A. Emergencies B. Termites;

C. Bees, wasps and hornets;

D. Bed Bugs;

E. Rodents;

F. Wildlife;

G. Flies; and H. Ticks and fleas.

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4.20.1 Provide ADES designated personnel within two (2) business days of receipt of the Task Order, a completed quote to include but not limited to:

A. Hourly rate to complete the work.

B. Provide a list and a Safety Data Sheets (SDS) for all chemicals to be used upon request (if applicable).

C. Identify potential safety or health issues and suggest precautions ADES should take prior to and after the work is complete (if applicable).

D. Schedule a meeting with OFM to address and resolve safety or health issues (if applicable).

E. If permits are required for services, they shall be disclosed as a separate line on a Task

Order and paid at the actual cost of the permit.

4.20.2 Provide a response and a completed quote to an Emergency Services Request within four (4) hours upon receipt of the Task Order, unless otherwise agreed upon by ADES Designated Personnel and Contractor.

4.20.3 Provide services upon receipt of a purchase order within three (3) working days of approval from ADES unless agreed upon by both parties.

4.20.4 Thoroughly inspect the area(s) to ensure all work was performed as described in the Task Order.

4.20.5 Bee, wasps and hornets

4.20.5.1 Completely remove swarms, hives, and nests and eliminate all possibilities of recolonization.

4.20.5.2 Ensure the surrounding areas are free of people and service animals while treating and eliminating nests/hives to avoid possible stings.

4.20.6 Termites and other wood-destroying insects

4.20.6.1 Guarantee the effectiveness of a full treatment for a period of one (1) year against reoccurrence, invasion, or damage to the building or contents. Retreatment shall be at the expense of the Contractor while under warranty.

4.20.7 Rodents

4.20.7.1 Control rodents inside buildings only with humane trapping devices when applicable, placed in protected areas unaffected by routine cleaning and other operations.

4.20.7.2 Identify the timeline for monitoring of trapping devices (if applicable).

4.20.7.3 Remove and dispose from premises of all trapped rodents and all rodent carcasses.

4.20.7.4 Monitor, re-bait, and reset all stations/traps at scheduled service time unless agreed upon by both parties.

4.20.8 Bed Bugs

4.20.8.1 Treat defined locations after hours or unless directed by ADES designated personnel.

4.20.8.2 Ensure the surrounding areas are clear of people and service animals while treatments are ongoing.

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5. Licensure Requirements Contractor Shall:

5.1 Possess the current State of Arizona Pest Management Division (PMD) license at a minimum for General

Pest Control, Wood Destroying Pests, and Fumigation Control.

5.1.1 Employ applicators who have a valid applicator license.

5.1.2 Adhere to all PMD current laws, rules, and policies.

5.1.3 Comply with all applicable Federal, State, and Local Laws and Labor requirements.

5.1.4 Maintain all applicable Federal, State, County, and city-required licenses and permits.

5.1.5 Comply with all current Federal, State, Local, and Occupational Safety and Health Administration

(OSHA) rules and regulations for all training, equipment, and supplies.

6. Payment for Services

Unit Rates are inclusive of all costs per each region as identified in Exhibit A Location Listing and are associated with the provision of the service, including, at a minimum:

· staff time;

· operating cost;

· salaries;

· administrative cost;

· mileage/Fuel Surcharges;

· travel time;

· insurance; and

· other costs associated with the service provision. ADES will not pay these or any other costs separately. The contractor’s bid pricing shall be all-inclusive. Any unauthorized service and invoicing will not be honored, and the Contractor shall assume all responsibility and associated costs at his or her own expense.

6.1 Scheduled Services Building Unit Rate. The Unit Rate must include all costs associated with scheduled pest control services.

6.2 Additional services will be paid under the agreed Task Order.

7. Reporting Requirements

The Contractor shall:

7.1 Provide an accurate invoice that includes the following:

7.1.1 Contractor’s name and address (include payment address, if different);

7.1.2 Contract Number;

7.1.3 Purchase Order Number;

7.1.4 Date(s) service was provided;

7.1.5 Location number and physical address of property serviced;

7.1.6 Unit Rate;

7.1.7 Sales tax, if applicable; and

7.1.8 Total amount due.

7.1.9 Submit service slips and/or inspection reports to ADES-designated personnel with the time and date upon completion of the pest control service.

7.1.10 Report pest control issues caused or related to sanitation, building structure, or storage.

7.2 Other Reports: ADES reserves the right to request additional or revised reports from the contractor from the Contractor, as well as additional or revised reports related to the service provision.

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8. Notices and Correspondence

8.1 The Contractor shall submit the required certificate of insurance and policy endorsements within ten (10) days of a contract award and shall maintain valid insurance, including policy renewals, on file in the ADES certificate of insurance tracking portal, MyCOI.

8.2 Notices, correspondence, reports, and invoices from the Contractor to ADES should be sent to:

ADES Office of Facilities Management 1717 W. Jefferson St.

Mail Drop 1252 Phoenix AZ 85007 OFMContracts@azdes.gov mailto:OFMContracts@azdes.gov

ADES Special Terms and Conditions

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1. Definition of Terms

In addition to the Uniform Terms and Conditions, Section 1, the following shall apply:

1.1 “Award Date” The date this Contract is executed by the Department. This may or may not be the same date as the “Effective Date” which is the date specified on the Offer and Acceptance or Signature Page.

1.2 “Client Specific Referral” Services or activities for which a referral has been made for a client by an authorized representative of the Department.

1.3 “Contract Amendment” means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.4 “Department” The Arizona Department of Economic Security (ADES), unless otherwise indicated.

1.5 “Effective Date” The date the Contractor is to start delivering services. The Effective Date is specified on the Offer and Award or Signature Page.

1.6 “Equipment” All vehicles, furniture, machinery, electronic data processing (EDP) equipment, software and all other equipment costing $10,000.00 or more, including all normal and necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing charges, etc.), and with a useful life of greater than one (1) year. Equipment as used herein does not include real property (e.g., land, building, structures, or facilities’ improvements).

1.7 “May” or “may” Indicates something that is not mandatory but permissible.

1.8 “Purchase Order” also known as “Purchase Authorization” or “Release Order” is an authorized document to procure goods or services.

1.9 “Shall or “shall” “Must” or “must” Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

1.10 “Should” or “should” Indicates something that is recommended but not mandatory. If the Contractor fails to provide recommended information, the State may, at its sole option, ask the Contractor to provide the information.

2. Advertising, Publishing and Promotion of Contract

In addition to the Uniform Terms and Conditions, Section 3.6, the following shall apply:

2.1 The Contractor shall provide to the Department for review and approval all reports or publications (written, visual or sound) which are funded or partially funded under this Contract, a minimum of fifteen (15) calendar days prior to public release. All reports and publications whether written, visual or verbal shall contain the following statement:

2.1.1 “This program was funded through a contract with the Arizona Department of Economic Security.

Points of view are those of the author and do not necessarily represent the official position or policies of the Department.”

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3. Assignment

In addition to the Uniform Terms and Conditions, Section 5.3, the following shall apply:

3.1 Merger, Reorganization or Change of Ownership

3.1.1 A proposed merger, reorganization or change in ownership of the Contractor shall require prior written approval of the Department and may require an assignment of this Contract documented by a Contract Amendment. The Department may terminate this Contract pursuant to the Termination clauses of this Contract, if the Contractor does not obtain prior written approval or the Department determines that the change in ownership is not in the best interest of the State.

3.1.2 The Contractor shall submit a detailed merger, reorganization and/or transition of ownership plan to the Department, for review at least sixty (60) days prior to the effective date of the proposed change.

3.2 This Contract is voidable and subject to immediate cancellation by the Department upon the Contractor becoming insolvent, or filing proceedings in bankruptcy or reorganization under the United States Code, or assigning any right(s) or obligations under this Contract without the prior written consent of the Department.

4. Audit

In addition to the Uniform Terms and Conditions, Section 3.3, the following shall apply:

4.1 In compliance with the Federal Single Audit Act (31 U.S.C. § 7501-7506 as may be amended), Contractors designated as sub-recipients shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as prescribed in 2 C.F.R. § 200.

4.2 Audits of non-profit corporations receiving Federal or State monies are required pursuant to Federal or

State law and shall be conducted as provided in 31 U.S.C. § 7501-7506, and A.R.S. § 35-181.03, as may be amended, and any other applicable statutes, rules, regulations, and standards.

4.3 In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books and other records (“records”) relating to this Contract for a period of five (5) years after completion of this Contract, except if the Contractor is subject to Health Insurance Portability & Accountability Act of 1996 (Public Law 104-191) in which case such records shall be retained for six (6) years. All records shall be subject to inspection and audit by the State at reasonable times. Upon request by the Department or the Attorney General’s Office, the Contractor shall produce the original of any or all such records.

5. Authorization for Services

5.1 Authorization for performance of services under this Contract shall be made only upon the issuance of a duly authorized Purchase Order (also referred to as “Purchase Authorization” or “Release Order”). The Purchase Order will indicate this Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. The Department shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order.

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5.2 No further obligation for payment shall exist on behalf of the Department unless:

5.2.1 The Purchase Order is changed or modified with an official procurement change order, and/or

5.2.2 An additional Purchase Order is issued for purchase of services under this Contract.

6. Reserved

7. Certification of Cost or Pricing Data

By submittal of the offer, the Contractor is certifying that, to the best of the Contractor’s knowledge and belief, any cost or pricing data submitted is accurate, complete, and current as of the date submitted or other mutually agreed upon date. Furthermore, the price to the State shall be adjusted to exclude any significant amounts by which the State finds the price was increased because the cost or pricing data furnished by the Contractor was inaccurate, incomplete, or not current as of the date of certification. Such adjustment by the State may include overhead, profit, or fees. The certifying of cost or pricing data does not apply when contract rates are set by law or regulation.

8. Certification Regarding Lobbying

In addition to the Uniform Terms and Conditions, Section 7.11, the following shall apply:

8.1 The Contractor shall comply with P.L. 101-121, Section 319 (31 U.S.C. section 1352) as may be amended, and 29 C.F.R. Part 93 as may be amended which prohibit the use of federal funds for lobbying and which state, in part: Except with the express authorization of Congress, the Contractor, its employees or agents, shall not utilize any federal funds under the terms of this contract to solicit or influence, or to attempt to solicit or influence, directly or indirectly, any member of Congress regarding pending or prospective legislation. Indian tribes, tribal organizations and any other Indian organizations are exempt from these lobbying restrictions with respect to expenditures that are specifically permitted by other federal law.

8.2 The Contractor agrees by submittal of the Certification Regarding Lobbying form, in compliance with 49 C.F.R. Part 20.

9. Code of Conduct

The Contractor shall avoid any action that either creates or result in the appearance of its having:

9.1 Divulging or made an inappropriate use of information gathered or discovered pursuant to the performance of its duties under this Contract;

9.2 Acted on behalf of the State without appropriate authorization;

9.3 Provided favorable or unfavorable treatment to anyone;

9.4 Made a decision on behalf of the State that exceeded its authority, could result in partiality, or have a political consequence for the State;

9.5 Misrepresented or otherwise impeded the efficiency, authority, actions, policies, or adversely affected the confidence of the public or integrity of the State; or

9.6 A loss of impartiality when advising the State.

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10. Reserved

11. Compliance with Applicable Laws

In addition to the Uniform Terms and Conditions, Section 7.6, the following shall apply:

11.1 In accordance with A.R.S. § 36-557 as may be amended (Purchase of community developmental disabilities services; application; contracts; limitation), as applicable, all recipients of contract services shall have all of the same specified rights as they would have if enrolled in a service program operated directly by the State.

11.2 The Contractor shall comply with the requirements related to reporting to a peace officer or child protective services incidents of crimes against children as specified in A.R.S. §13-3620 as may be amended.

11.3 The Contractor shall comply with all applicable State and Federal statutes and regulations. This shall include A.R.S. § 23-722.01 as may be amended relating to new hire reporting, A.R.S. § 23-722.02 as may be amended relating to wage assignment orders to provide child support, and A.R.S. § 25-535 as may be amended relating to administrative or court-ordered health insurance coverage for children.

11.4 The Contractor shall comply with the Administrative Simplification rules in Title II of the Health Insurance

Portability and Accountability Act of 1996 (P.L. 104-191) and all Federal regulations that are applicable to the operations of the Contractor by the dates required by the implementing Federal regulations as well as all subsequent requirements and regulations as published.

12. Confidentiality

12.1 The Contractor shall observe and abide by all applicable State and Federal statutes, rules and regulations regarding the use or disclosure of information including, but not limited to, information concerning applicants for and recipients of contract services. To the extent permitted by law, the Contractor shall release information to the Department and to the Attorney General's Office as required by the terms of this Contract, by law or upon their request.

12.2 The Contractor shall comply with the requirements of Arizona Address Confidentiality Program, A.R.S. §41-

161 et. seq. The Department will advise the Contractor as to applicable policies and procedures the Department has adopted for such compliance.

13. Contract Term and Option to Extend

13.1 The term of the resultant Contract shall be effective the date specified on the Offer and Acceptance or

Signature Page and shall remain in effect for one (1) year or as otherwise specified by this Contract, unless terminated, cancelled, or extended as otherwise provided herein.

13.2 The State has no obligation to extend or renew this Contract. However, the State shall have the right, at its sole option, to renew this Contract in accordance with any extensions the State may receive for supplemental periods up to a maximum Contract term of five (5) years. In the event that the State exercises such right, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the exception of price. The Contractor shall agree that the price stated in the original Contract shall apply unless otherwise allowed.

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13.3 Any extension or renewal must be made prior to the end of this Contract period specified in this Contract.

13.4 The Contractor shall not provide services prior to Contract term commencing or after the termination date of this Contract. There shall be no billable activity outside of this Contract effective dates except as otherwise authorized by the Department in writing.

14. Cooperation with the Department’s Investigation

All Contractors, providers, vendors and volunteers shall cooperate fully and truthfully with any Department investigation, including but not limited to an Investigation by Division or Internal Affairs. Failure to adhere to this condition may result in ADES taking all such actions it deems appropriate, including removal of Contractor personnel and/or witness from working with the Department clients up to termination of this Contract with the Department.

15. Reserved

16. Reserved

17. Reserved

18. Evaluation

18.1 The Department may evaluate, and the Contractor shall cooperate in the evaluation of, contract services.

Evaluation may assess the quality and impact of contract services, either in isolation or in comparison with other similar services, and assess the Contractor's progress and/or success in achieving the goals, objectives and deliverables set forth in this Contract.

18.2 As requested by the Department, the Contractor shall participate in third-party evaluations relative to

Contract impact in support of Department goals.

19. E-Verify

In addition to the Uniform Terms and Conditions, Section 3.12, the following shall apply:

19.1 The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214(A) as may be amended.

19.2 A breach of a warranty regarding compliance with Federal and State immigration laws and regulations shall be deemed a material breach of this Contract and the Contractor may be subject to sanctions up to and including termination of this Contract.

19.3 Failure to comply with a State audit process to randomly verify the employment records of contractors and subcontractors shall be deemed a material breach of this Contract and the Contractor may be subject to sanctions up to and including termination of this Contract.

19.4 The Department retains the legal right to inspect the papers of any employee who performs work under this

Contract to ensure that the Contractor or subcontractor is complying with the warranty above.

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20. Fair Hearings and Service Recipients' Grievances

20.1 The Contractor shall advise all applicants for and recipients of contract services of their right, at any time and for any reason, to present to the Contractor and to the Department any grievances arising from the delivery of contract services, including, but not limited to, ineligibility determination, reduction of services, suspension or termination of services, or quality of services. The Department may assert its jurisdiction to hear the grievance or refer the matter to the appropriate authority.

20.2 The Contractor, whenever authorized by law, shall maintain a formal system acceptable to and approved by the Department for reviewing and adjudicating grievances by service recipients or subcontractors arising from this Contract.

21. Federal Immigration and Nationality Act

In addition to the Uniform Terms and Conditions, Section 3.11, the following shall apply:

21.1 By entering into this Contract, the Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigration status of its employees. The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of this Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor's Immigration and Control Act, for all employees performing work under this Contract. I-9 forms are available for download at USCIS.GOV.

21.2 The State may request verification of compliance for any Contractor or subcontractor performing work under this Contract.

22. Fees and Program Income

Unless specifically authorized in this Contract, the Contractor shall impose no fees or charges of any kind upon recipients for contract services.

23. Reserved

24. Reserved

25. Inclusive Contractor

Contractor is encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. This may include subcontractors for a percentage of the administrative or direct service(s) being proposed. A Contractor who is committing a portion of its work to such subcontractors shall do so by identifying the type of service and work to be performed by providing details concerning the Contractor’s utilization of small, women-owned and/or minority business enterprises. Emphasis should be placed on specific areas that are subcontracted, and the proposed percentage of this Contract.

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26. Indemnification and Insurance

26.1 Indemnification Clause

26.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

26.1.2 This indemnity shall not apply if the Contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

26.2 Insurance Requirements

26.2.1 Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

26.2.2 The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

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26.3 Minimum Scope and Limits of Insurance

The Contractor shall provide coverage with limits of liability not less than those stated below.

26.3.1 Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $ 50,000 Each Occurrence $1,000,000

26.3.1.1 The policy shall be endorsed, as required by this written agreement, to include the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

26.3.1.2 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

26.3.2 Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

26.3.2.1 Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

26.3.2.2 Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, RFP Solicitation Requirements (09-24) Available Online at https://app.az.gov Page 17 of 48

26.3.3 Workers’ Compensation and Employers' Liability

Workers' Compensation Statutory Employers' Liability

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

26.3.3.1 Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards,

26.3.3.2 This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

26.3.4 Reserved

26.3.5 Contractors Pollution Liability

For losses caused by pollution conditions that arise from the operations of the Contractor as described in the Scope of Services section of this Contract.

Per Occurrence $1,000,000

26.3.5.1 Coverage must be identified specific to the operations as described in the Scope of

Services in this Contract.

26.3.5.2 Must include coverage for pollution losses arising out of completed operations.

26.3.5.3 Pollution coverage must apply to all locations utilized for the acceptance, storage, or disposal of any hazardous materials.

26.3.5.4 The policy is to be written on an “occurrence” basis with no sunset clause. In the event that the Pollution Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract. That either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of ten (10) years beginning at the time this Contract is terminated.

26.3.5.5 Pollution coverage must apply to all phases of the work described in the Scope of Services in this Contract.

26.3.5.6 The policy shall include coverage for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death and medical monitoring costs.

26.3.5.7 The policy shall include coverage for property damage, and physical damage to, or destruction of, tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically damaged or destroyed including diminution in value.

26.3.5.8 For losses that arise from the facility, coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials

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26.3.5.9 The policy shall include coverage for environmental damage including physical damage to soil, surface water, ground water, plant, or animal life, caused by pollution conditions and giving rise to cleanup costs.

26.3.5.10 The policy shall include defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages.

26.3.5.11 The policy shall include coverage for asbestos and lead, mold, with no exclusions.

26.3.5.12 The policy shall include Non-Owned Disposal Site coverage.

26.3.5.13 The policy shall be endorsed, as required by this written agreement, to include the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

26.3.5.14 The policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by the Contractor.

26.3.6 Pollution Legal Liability

Per Occurrence $1,000,000

26.3.6.1 Coverage must be specific to the operations as described in the Scope of Services in

26.3.6.2 Must include coverage for pollution losses arising out of completed operations.

26.3.6.3 Pollution coverage must apply to all locations utilized for the acceptance, storage, or disposal of any hazardous materials.

26.3.6.4 The policy is to be written on an “occurrence” basis with no sunset clause. In the event that the Pollution Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract. That either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of ten (10) years beginning at the time this Contract is terminated.

26.3.6.5 Pollution coverage must apply to all phases of the work described in the Scope of Services in this Contract.

26.3.6.6 The policy shall include coverage for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death and medical monitoring costs.

26.3.6.7 The policy shall include coverage for property damage, and physical damage to, or destruction of, tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically damaged or destroyed including diminution in value.

26.3.6.8 For losses that arise from the facility, coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants, into or upon land, atmosphere, or any watercourse or body of water which results in cleanup costs, bodily injury or property damage.

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26.3.6.9 The policy shall include coverage for environmental damage including physical damage to soil, surface water, ground water, plant, or animal life, caused by pollution conditions and giving rise to cleanup costs.

26.3.6.10 The policy shall include defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages.

26.3.6.11 The policy shall include coverage for asbestos and lead, mold, with no exclusions.

26.3.6.12 The policy shall include Non-Owned Disposal Site coverage.

26.3.6.13 The policy shall be endorsed, as required by this written agreement, to include the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

26.3.6.14 The policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by the Contractor.

26.4 Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

26.4.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41- 621 (E).

26.4.2 Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

26.5 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed or emailed to (Arizona Department of Economic Security C/O: myCOI, 1075 Broad Ripple Ave, Suite 313, Indianapolis, IN 46220 or support@myCOItracking.com).

26.6 Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

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26.7 Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract.

An authorized…