CTR057030_Executed_Contract.pdf

CTR057030 9/15/21

8/31/21

Request for Proposal Solicitation No.

BPM003714

Description:

Process Improvement Psychological Consultant

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Avenue

Phoenix, AZ 85012

PART 1 of the Solicitation Documents

SECTION 1-A: Scope of Work

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

Part 1: Scope, Pricing and Terms and Conditions

Table of Contents 1

SECTION 1-A: Scope of Work 2

SECTION 1-B: Pricing 11

SECTION 1-C: Special Terms and Conditions 14

SECTION 1-D: Uniform Terms and Conditions 51 https://procure.az.gov/bso/

State of Arizona Department of Child Safety Office of Procurement & Contracts

Updated: 7/6/2021

SECTION 1-A: Scope of Work

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.

1.2 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 Purpose: The purpose of this solicitation is to procure consultation services of a psychologist that meets the requirements outlined in this solicitation. This service will not provide direct services to DCS clients.

2.1.1 This service is for an Arizona licensed psychologist, in good standing, located in Arizona, to perform consultation to ADCS and ADCS contracted providers, training, and fidelity review related to psychological services delivered by contracted ADCS clinical providers.

2.1.2 This service will be provided by reviewing case related documents generated by Unit Psychological Consultants, Psychologists, and other clinical service providers.

2.1.3 Projected Utilization: The ensuing contract shall be on an as needed, if needed, basis. ADCS does not guarantee any amount of work during the term of the contract. This service will be introduced by the ADCS for the first time, therefore there is no historic data available for the service.

2.2 Background: ADCS intends to improve the fidelity and other quality indicators of Unit

Psychological Consultation, Psychological Services, and Counseling Services provided through the ADCS. It is the goal of the ADCS to establish more effective services by defining practice standards for clinical/psychological services; maintaining current Practice Guidelines, Field Guides, and Service Guides; obtaining case specific guidance for case resolution; and providing expert advisement on current field practices and practical recommendations for improvement.

2.2.1 The ensuing Contractor shall perform an advisory role to the ADCS and will not supervise ADCS staff or contracted service providers.

State of Arizona Department of Child Safety

Office of Procurement & Contracts

2.2.2 All decisions regarding changes in the existing process shall be made by the ADCS. Under no circumstances will the Contractor act on behalf of, or represent the ADCS without obtaining the approval of the assigned ADCS contact.

3. SERVICE DESCRIPTION

3.1 GENERAL REQUIREMENTS: The Contractor shall:

3.1.1 Accept all referrals for service upon receipt of a service request from the assigned ADCS contact and provide all services indicated on the service request.

3.1.2 Be responsible for providing the service within the agreed upon timeframe.

3.1.3 Ensure that services, procedures and forms provided are culturally relevant and linguistically appropriate.

3.1.4 Comply with all applicable federal, state and local statutes, regulations, and policies as may be amended, stipulated herein.

3.1.5 Provide the required service through electronic methods (virtual service), or in person, if essential to the specific service provided, as determined at the discretion of the ADCS.

3.2 SPECIFIC REQUIREMENTS: The Contractor shall:

3.2.1 Upon receipt of referral from the assigned ADCS contact, perform the role of consulting, coaching, training, or fidelity review as requested by ADCS within five (5) days of receipt of the referral or as scheduled by ADCS.

3.2.2 On each assigned case for fidelity review, conduct a thorough review of all documentation provided by ADCS, to include the Unit Psychological Consultant’s or Psychological Services provider’s report, for fidelity to standards of quality and appropriateness of medical recommendations, and provide suggestions for case resolution and practice improvement as outlined by ADCS within fifteen

(15) days of the review.

3.2.3 Identify and analyze trends in Unit Psychological Consultation and Psychological

Service fidelity and quality.

State of Arizona Department of Child Safety

Office of Procurement & Contracts

3.2.4 Advise the ADCS regarding necessary changes to Unit Psychological Consultation and Psychological Services based on information gathered through case record reviews and consultation activity.

3.2.5 Prepare quarterly reports as outlined by ADCS for consideration that describe trends in practice fidelity and other quality indicators.

3.2.6 Submit additional or revised reports related to service provision, as required, if requested by the ADCS.

3.2.7 Participate in regularly scheduled consultation meetings with the assigned ADCS Program Development Specialist to present and discuss new findings, trends, and recommendations for practice improvement of ADCS Unit Psychological Consultant Services and Psychological Services.

3.2.8 Develop and present a potential training plan for Unit Consultants should ADCS determine the need for such program.

3.2.9 Provide communication records and meeting minutes to the ADCS assigned contact person as required, if requested by the ADCS.

3.2.10 Upon timely completion of the required service, submit the report for approval and closure to the contact person at ADCS within fifteen (15) days.

a. An incomplete report shall not constitute a base for payment.

b. Access the ADCS Child Welfare Case Management System to enter required documentation. The Contractor shall be responsible for any costs associated with accessing this online platform.

3.3 The Contractor will not be provided with office space or office supply items for performing the service. Virtual services may be provided if, and when determined by the ADCS. The ADCS assigned contact may provide records necessary to consulting, coaching, training, or fidelity review through virtual communication.

State of Arizona Department of Child Safety

Office of Procurement & Contracts

4. CONTRACTOR REQUIREMENTS. The Contractor shall:

4.1 Contractor Qualifications

4.1.1 Be a psychologist specializing in Clinical Psychology and possess an active unrestricted/unencumbered license by the Arizona Board of Psychologist Examiners under A.R.S., Title 32, Chapter 19, and Articles 2 & 3

1. Meet all requirements identified under A.A.C. R4-26-205 and R4-26-207I

2. Have Ph.D. or Psy.D. in Clinical Psychology (or related degree)

3. Have never had clinical privileges or credentials denied or revoked

4. Have no prior Arizona Psychological Board disciplinary history and not be the subject of:

a. Pending investigation

b. Pending disciplinary action

c. Final disciplinary action by any licensing agency or health care entity

4.1.2 Be in good standing in their field of expertise and demonstrate a commitment to carrying out their professional responsibilities, adherence to ethical principles, and sensitivity to diverse patient populations

4.1.3 Have minimum of five (5) years working in child welfare

4.1.4 Have a minimum of three (3) years of clinical experience providing assessment and therapeutic services in the areas of individual abuse assessments, trauma-informed care, domestic violence, substance use, and mental health; preferably demonstrate previous work experience as a contracted Unit Consultant service provider with ADCS

4.1.5 Have a minimum of 3 years of clinical experience performing psychological evaluations (on adults and children) including utilizing psychometric testing

4.1.6 Have a working familiarity with Bonding Assessments, Neuropsychological

Evaluations, and Psychosexual Evaluations

4.1.7 Have teaching experience and managerial or supervising experience

4.1.8 Have ability to work effectively in cross-functional teams

4.1.9 Have ability to develop and maintain professional relationships

4.1.10 Demonstrate ability to make considered decisions and sensible conclusions while keeping a high level of confidentiality

State of Arizona Department of Child Safety

Office of Procurement & Contracts

4.1.11 Possess excellent analytical skills

4.1.12 Demonstrate skills providing professional coaching related to psychological/psychiatric topics to Unit Consultant colleagues and other professionals as may be necessary

4.1.13 Present Body of work that demonstrates the highest standards of quality

(psychological evaluations, best interest assessments, etc.)

4.1.14 Demonstrate ability to assist Unit Psychological Consultants with awareness of possible legal consequences of written documents

4.1.15 Be knowledgeable about AHCCCS Complete Care (ACC) covered services, the

Child and Family Teams, the Adult Recovery Team Practice Protocol, the unique behavioral health needs of children, youth and families involved with ADCS and recognize the need to bridge the gap in systems by providing a continuum of care

4.1.16 Be proficient in use of Microsoft office suite (Excel, Word, PowerPoint)

5.0 REPORTING REQUIREMENTS:

5.1 Deliverables (Programmatic Reports): shall be submitted by the Contractor within the timeframes provided via email (as may be amended).

5.2 ADCS reserves the right to request the Contractor to submit additional or revised reports related to the service provisions.

6.0 SERVICE CASE RECORDS

6.1 Establish and maintain a confidential service record for each case referred by the ADCS

A service case record shall include at least the following information:

1. Copy of the referral packet, if applicable;

2. All documents related to services provided to the client and delivered to the

Contractor by ADCS;

3. All reports and forms identified in Section 5.0; and

4. Record of all contacts in person, in writing, electronically or telephonically.

State of Arizona Department of Child Safety

Office of Procurement & Contracts

6.2 Provide the original service case record to ADCS and retain a copy of the requested service case record within two (2) business days upon request from ADCS.

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

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

6.4 The Contractor shall shred the case file as the means of disposing the record after approval is obtained from DCS.

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

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

6.6 Contractor is prohibited from sharing any information regarding, or pictures of any parent/caregivers or children, including but not limited to verbal, social, printed, or electronic media.

7.0 PAYMENT UNITS - Payment will only be made to Contractor for work completed following Department referral and in accordance with the requirements outlined in the referral

7.1 One (1) Hour of file review and consultation

The rate includes mileage, drive/travel time, documentation time, report preparation time and insurance cost to meet requirements under this contract. ADCS will not pay separately for these items. The service shall be billed at the hourly rate, rounded to the nearest quarter hour. Invoiced services must be supported by verifiable documentation.

7.1.1 The rate can also be billed for:

a. Face-to face department staff consultation time

b. Phone or video consultation time with ADCS assigned contact

7.2 One (1) Hour of training or technical assistance

The rate includes mileage, drive/travel time, training development, report preparation, providing training, and insurance cost to meet requirements under this contract. ADCS will not pay separately for these items. The service shall be billed at the hourly rate, rounded to the nearest quarter hour. Invoiced services must be supported by verifiable documentation.

https://dcs.az.gov/about/dcs-policies http://www.azlibrary.gov/arm/retention-schedules

State of Arizona Department of Child Safety

Office of Procurement & Contracts

8.0 PERFORMANCE REQUIREMENTS

8.1 DCS will monitor fidelity of service delivery to service design, and the outcomes of this contract based on the specific performance measures listed below.

8..2 Contractor’s shall be expected to meet the DCS 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 DCS 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 Report

Frequency Measure Reference

1 Complete requested consultation, coaching, training, or review within the designated timeframe 95% Within 30 days of referral At time of delivery Ongoing Completion status

SOW 3.2.1

2 Prepare and submit reports to within the designated timeframe 95% Within 15 days of review At time of delivery Ongoing Completion status

SOW 3.2.2 &

3.2.10

3 Prepare and submit quarterly reports within designated timeframe 95% Quarterly At time of delivery Quarterly Completion status

SOW 3.2.5

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 1-B: Pricing

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

9.0 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 “DCS”.

2. Arizona Procurement Portal (APP): The State’s approved eProcurement system.

3. DCS Specialist: The DCS employee who is responsible for the case management of services provided to the family.

4. DCS Program Supervisor: The supervisor of the DCS employee who is responsible for case management services provided to the family.

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

6. Child Family Team (CFT): The Team is a collaboration between the Department, parents, guardians and/or custodians, child(ren), extended family and kin, family support persons, caregivers, and behavioral service providers.

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

8. Collaboration: Partners agree to pool resources, jointly plan, identify, implement and evaluate new services and procedures, and delegate individual responsibility for the outcomes of their joint efforts.

9. Collaborative Partner: is a community social services agency, a family support program or a community organization, including a faith-based organization, which provides services.

10. Days: are calendar days unless otherwise stated.

11. Fitness: As defined in A.A.C. R21-6-101.21 means the ability of an applicant or foster parent to provide a safe and nurturing environment for a foster child and comply with the foster home licensing requirements.

12. Improvement Process Liaison – A licensed psychologist, specialized in Clinical Psychology, capable of providing high level case reviews and performing advisory service to the ADCS for improvement of psychological consultation process.

State of Arizona Department of Child Safety

Office of Procurement & Contracts

13. 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.

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

15. Placement: Means the act of finding an appropriate foster home for a foster child and putting the foster child in that foster home.

16. Program Manager: The Manager of the section within the region.

17. Referral: DCS’s written, signed request for specific services. It may include a match or unmatched service approval.

18. Rural Counties: Include Mohave, La Paz, Yuma, Yavapai, Coconino, Navajo, Apache, Gila

Graham, Greenlee, Cochise, and Santa Cruz Counties.

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

20. Team Decision Meeting (TDM): The purpose of a TDM meeting is to engage the family in decisions about the safety, stability, and permanency of a child at critical points in a case.

(See Team Decision Making Field Guide (CSO-1638) for detailed information). The meeting is a collaboration between the Department, parents, guardians and/or custodians, child (ren), extended family and kin, family support persons, and service providers.

A trained facilitator will facilitate all Team Decision Making meetings. The TDM facilitator’s role is to guide group discussion surrounding the safety and/or permanency of the child (ren) involved in a DCS case The facilitator will strive to reach group consensus that the recommended plan is the least restrictive and least intrusive, sufficient to maintain child safety, and in the best interest of the child (ren).

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

22. Unit Consultant - A licensed psychologist that has a contract with ADCS to provide consultation service regarding assessment, intervention and/or treatment options for clients who may have mental health and/or substance abuse issues to assist) assist ADCS Specialists, Program Managers, Program Supervisors, and Program Administrators.

23. DCS Child Welfare Case Management System: Refers to the States approved system, currently titled, “Guardian”. All Contractor are expected to utilize this system and will be responsible for creating a profile after award.

End of Section 1-A

State of Arizona Department of Child Safety

Office of Procurement & Contracts

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 Contractor’s offer as accepted by DCS. Details of service not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of, are deemed to be understood by Contractor 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 contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the services concerned. Contractor 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 contractor 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.

11.1.2 Invoices shall be submitted by the methods listed below, but DCS will direct the Contractor as to which submission type we will allow.

1. To the Payment Processing Unit (PPU):

a. The Contractor shall submit an accurate and complete invoice to PPU by:

State of Arizona Department of Child Safety

Office of Procurement & Contracts

1) Emailing it to: CentralizedInvoicing@azdcs.gov

2) Mailing it to: DCS Payment Processing C010-01, P.O. Box 6030, Phoenix, AZ 85005-6030

3) Delivering it to: DCS Payment Processing, 3003 N. Central Ave.

Suite 108, Phoenix, AZ 85012

b. The monthly invoice shall be signed and dated by the person authorized to submit invoices for the Contractor.

c. The monthly invoice shall include all of the required documentation

2. 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

11.1.3 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.

11.1.4 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

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

1. DCS shall notify Contractor 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 Contractor.

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

11.2 Payments (will not be made unless there is a correct invoice received)

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

mailto:CentralizedInvoicing@azdcs.gov

State of Arizona Department of Child Safety

Office of Procurement & Contracts

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 Contractor’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 Contractor of the amount and date of the over-payment and may deduct the over-paid amount from amounts then or thereafter due to the Contractor.

11.2.4 The Contractor 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

State of Arizona Department of Child Safety

Office of Procurement & Contracts

PART 1 of the Solicitation Documents SECTION 1-C: Special Terms and Conditions

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.

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:

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

was attached to an Offer when submitted; and 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

State of Arizona Department of Child Safety

Office of Procurement & Contracts was included in the Accepted Offer.

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

1.9 Contractor

Indemnitor

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

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

1.11 Effective Date “Effective Date” means the date the Contractor 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. Contractors 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 https://app.az.gov/

State of Arizona Department of Child Safety

Office of Procurement & Contracts

Contractor fails to provide recommended information, the State may, at its sole option, ask the Contractor to provide the information

1.17 Vulnerable Adult “Vulnerable adult" means an individual who is eighteen (18) years of age or older 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 DCS 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 DCS 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 DCS 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 DCS06-01).

The Contractor shall ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served following the DCS Policy, Limited English Proficiency, DCS 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 one (1) year unless canceled, terminated, or permissibly extended.

3.3 Contract Extensions The State shall have the unilateral right to extend the contract period for 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

State of Arizona Department of Child Safety

Office of Procurement & Contracts

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 Contractor shall give written notice to the Department of changes to the following, and a written amendment to the contract shall not be necessary:

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 Contractor 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 contractor.

3.6 Contractor Licenses Contractor 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 Contractor 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 contractors and subcontractors shall be deemed a material breach of the contract and the Contractor 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

State of Arizona Department of Child Safety

Office of Procurement & Contracts 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 contractor;

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

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

e. 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.

3. 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.

4. 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.

5. A person awaiting receipt of the Central Registry Background Check may provide direct services to DCS clients after completion and submittal of the Direct Service Position certification form if the certification states:

a. The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and

b. The person has not been the subject of an investigation of child abuse or neglect in Arizona, or another state or jurisdiction, which resulted in a substantiated finding.

c. The Certification for Direct Service Position can be obtained by emailing DCSCentralRegistry@azdcs.gov

6. If the Central Registry Background Check specifies any disqualifying act and the person does not have a Central Registry exception, the person shall be prohibited from providing direct services to DCS clients.

7. The Contractor shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for five (5) years after termination of the Contract. The Request for Search of Central Registry for Background Check form is located under forms at:

https://dcs.az.gov/data/dcs-documents mailto:DCSCentralRegistry@azdcs.gov

State of Arizona Department of Child Safety

Office of Procurement & Contracts

3.9 Fingerprinting 1. Contractor shall comply with, and shall ensure that all of Contractor’s employees, independent contractors, subcontractors, volunteers and other agents comply with, all applicable (current and future) legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks that relate to contract performance.

2. Applicable legal requirements relating to fingerprinting, certification, and criminal background checks may include, but are not limited, to the following:

A.R.S. § 36-594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks are hereby incorporated in their entirety as provisions of this contract.

The Contractor is responsible for knowing which legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks relate to contract performance.

3. To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided under this contract, the following provisions apply:

a. Personnel who are employed by the Contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card or shall apply for a fingerprint clearance card within seven (7) working days of employment.

b. Except as provided in A.R.S. § 46-141, this contract may be cancelled or terminated immediately if a person employed by the Contractor and who has contact with juveniles certifies pursuant to the provisions of A.R.S. § 46-141 (as may be amended) that the person is awaiting trial or has been convicted of any of the offenses listed therein in this State, or of acts committed in another state that would be offenses in this State, or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

4. Federally recognized Indian tribes will submit and the Department of Child Safety shall accept certifications that state that no personnel who are employed or who will be employed during the contract term have been convicted of, have admitted committing or are awaiting trial on any offense as described in A.R.S. § 36-594.01 (as may be amended)

3.10 Code of Conduct The Contractor shall avoid any action that might create or result in the appearance of having:

1. Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under the contract;

2. Acted on behalf of the State without appropriate authorization;

3. Provided favorable or unfavorable treatment to anyone;

State of Arizona Department of Child Safety

Office of Procurement & Contracts

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;

5. Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or adversely affect the confidence of the public or integrity of the State; or,

6. Loss of impartiality when advising the State

3.11 Relationship of

Parties

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

1. In the event that the Contractor or its personnel issued or prosecuted for conduct arising from this contract, the Contractor or their personnel will not be represented by the Arizona Attorney General’s Office.

2. Taxes or Social Security payments will not be withheld from a State payment issued hereunder and the Contractor shall make arrangements to directly pay such expenses, if any.

3.12 Fair Hearings and

Service Recipients’ Grievances

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.

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

3.13 Supporting

Documents and Information

In addition to any documents, reports or information required by any other section of this contract, Contractor shall furnish the Department with any further documents and information deemed necessary by the Department. Upon receipt of a request for information from DCS, the Contractor shall provide complete and accurate information no later than fifteen (15) days after the receipt of the request.

3.14 Records In addition to the Uniform Terms and Conditions, the following shall apply:

1. Contract service records will be maintained in accordance with this contract.

Records shall, as applicable, meet the following standards:

a. Adequately identify the service provided and each service recipient's application for contract and subcontract activities;

b. Include personnel records which contain applications for employment, job titles and descriptions, hire and termination dates, a copy of the fingerprint clearance card, wage rates, and effective dates of personnel actions affecting any of these items;

State of Arizona Department of Child Safety

Office of Procurement & Contracts

c. Include time and attendance records for individual employees to support all salaries and wages paid;

d. For Fixed Price with Price Adjustment contracts, include:

e. Records of the source of all receipts and the deposit of all funds received by the Contractor;

i. Original copies of invoices, statements, sales tickets, billings for services, deposit slips, etc., and a cash disbursement journal and cancelled checks to reflect all disbursements applicable to the contract;

ii. A complete general ledger with accounts for the collection of all costs and/or fees applicable to the contract; and,

iii. Copies of lease/rental agreements, mortgages and/or any other agreements which in any way may affect contract expenditures.

2. Any such records not maintained shall mandate an audit exception in the amount of the inadequately documented expenditures.

3. Contractor shall preserve and make available all records for a period of five

(5) years from the date of final payment under this contract except as provided in the DCS Special Terms and Conditions or if subject to Health Insurance Portability & Accountability Act which is six (6) years from the date of final payment:

a. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any such termination.

b. Records which related to disputes, litigation or the settlement of claims arising out of the performance of this contract, or costs and expenses of this contract to which exception has been taken by the state, shall be retained by the Contractor until such disputes, litigations, claims or exceptions have been disposed of

3.15 Audit In addition to the terms and conditions in the Uniform Terms and Conditions, the following shall apply:

1. In compliance with the Federal Single Audit Act (31 U.S.C. Sections 7501-7507 as may be amended), Contractors designated as sub recipients, as described in the Office of Management and Budget (OMB) Circular A-133, expending Federal funds from all sources totaling $500,000 or more, shall have a yearly audit conducted in accordance with the audit and reporting standards as prescribed in OMB Circular A-133 (A-133) as may be amended. As outlined in A-133 the audit Reporting Package shall include:

a. Financial statements and a Schedule of Expenditures of Federal Awards

(SEFA)

b. Summary schedule of prior audit findings

State of Arizona Department of Child Safety

Office of Procurement & Contracts

c. Auditor’s Reports (detailed in the A-133)

d. Corrective Action Plan.

2. The Department's contract numbers and award amounts shall be included on the SEFA. A copy of the Single Audit Reporting Package and Management Letter, if issued, shall be submitted to the Department's Office of Audit and Management Services within thirty (30) days after completion of the audit or nine (9) months after the audited period and to the Department’s person designated to receive notices as specified in the Reports Section in the Scope of Work.

3. All Contractors are subject to the programmatic and fiscal monitoring requirements of each Department program to ensure accountability of the delivery of all goods and services, as required under the Federal Single Audit Act. A minimum fiscal requirement for all Contractors designated as vendors is an annual financial audit which includes Department contract numbers and award amounts. The Audit Report, Management Letter, if issued, and Auditor's Opinion shall be submitted within thirty (30) days after completion of the audit to the Department’s person designated to receive notices as specified in the Reports Section in the Scope of Work.

4. As prescribed in OMB Circular A-133, for-profit sub recipients are subject to compliance requirements established by the Department. Methods to ensure compliance for Federal awards made to for-profit sub recipients may include pre-award audits, Department monitoring during the contract, and post-award audits.

5. Audits of non-profit corporations receiving Federal or State monies required pursuant to Federal or State law shall be conducted as provided in 31 U.S.C.

Section 7501 et seq. and A.R.S. Section 35-181.03 as may be amended and any other applicable statutes, rules, regulations and standards.

3.16 Ownership of

Intellectual Property

1. RIGHTS IN WORK PRODUCT. All intellectual property originated or prepared by Contractor pursuant to the Contract, including but not limited to, inventions, discoveries, intellectual copyrights, trademarks, trade names, trade secrets, technical communications, records reports, computer programs and other documentation or improvements thereto, including Contractor’s administrative communications and records relating to the Contract, are considered work product and Contractor’s property, provided that, State has Government Purpose Rights to that work product as and when it was delivered to State.

“Government Purpose Rights” are:

the unlimited, perpetual, irrevocable, royalty free, non-exclusive, worldwide right to use, modify, reproduce, release, perform, display, sublicense, disclose and create derivatives from that work product without restriction for any activity in which State is a party;

State of Arizona Department of Child Safety

Office of Procurement & Contracts the right to release or disclose that work product to third parties for any State government purpose; and the right to authorize those to whom it rightfully releases or discloses that work product to use, modify, release, create derivative works from the work product for any State government purpose; such recipients being understood to include the federal government, the governments of other states, and various local governments.

“Government Purpose Rights” do not include any right to use, modify, reproduce, perform, release, display, create derivative works from, or disclose that work product for any commercial purpose or to authorize others to do so.

2. JOINT DEVELOPMENTS. The parties may each use equally any ideas, concepts, know-how, or techniques developed jointly during the course of the Contract, and may do so at their respective discretion, without obligation of notice or accounting to the other party.

3. PRE-EXISTING MATERIAL. All pre-existing software and other materials developed or otherwise obtained by or for Contractor or its affiliates independently of the Contract or applicable Purchase Orders are not part of the work product to which rights are granted State under subparagraph 3.9.1 above, and will remain the exclusive property of Contractor, provided that:

(a) any derivative works of such pre-existing material or elements thereof that are created pursuant to the Contract are part of that work product;

(a) any elements of derivative work of such pre-existing material that was not created pursuant to the Contract are not part of that work product;

and

(b) except as expressly stated otherwise, nothing in the Contract is to be construed to interfere or diminish Contractor’s or its affiliates’ ownership of such pre-existing materials.

4. DEVELOPMENTS OUTSIDE OF CONTRACT. Unless expressly stated otherwise, the Contract does not preclude Contractor from developing competing materials outside the Contract, irrespective of any similarity to materials delivered or to be delivered to State hereunder.

3.17 Pandemic

Contractual Performance

1. The State shall require a written plan that…