CTR0597320 IFB Youth Driver Education Part 1.pdf

Invitation for Bid Contract Number CTR059732

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Avenue

Phoenix, AZ 85012

Solicitation Requirements Part 1

Notice Page

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

Notice of Solicitation

Solicitation Number: BPM004302

Description: Youth Driver Education

Solicitation Due Date and Time: March 22, 2022 3:00:00PM

Pre-Offer Conference: Pre-Bid Conference will not be conducted

Proposals will only be accepted online in “The State’s e-Procurement System” at https://app.az.gov until the “Bid/Offer Due Date” indicated in “The State’s e-Procurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the Department of Child Safety’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s e-Procurement System to the State’s e-Procurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in “The State’s e-Procurement System”.

It is the responsibility of the supplier/offeror to routinely check the APP website for Solicitation Amendments.

Additional instructions for preparing an Offer are included in this solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation

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SECTION 1-A: Scope of Work

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Part 1: Scope, Pricing and Terms and Conditions

Table of Contents 2

SECTION 1-A: Scope of Work 3

SECTION 1-B: Special Terms and Conditions 13

SECTION 1-C: Uniform Terms and Conditions 49

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SECTION 1-A: Scope of Work

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SECTION 1-A: Scope of Work

1.0 INTRODUCTION

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

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

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

2.0 PURPOSE AND BACKGROUND

2.1 The purpose is to provide complete driver education to youth in foster care for the preparation of a successful transition to adulthood.

3.0 GENERAL REQUIREMENTS

3.1 Accept all qualified youth for service upon referral via DCS Guardian/Case manager, as applicable. Instruction must include complete education resulting in student obtaining an Arizona State Driver’s License.

3.1.1 Provide training and instruction as required by the Arizona Department of

Transportation (ADOT), for students who have not obtained an Instructional Permit. Education requires behind the wheel instruction that results in State Issued Driver’s License.

3.1.2 Provide training and instruction as required by the Department of

Transportation, for students who have obtained an Instructional Permit.

Education requires behind the wheel instruction that results in State Issued Driver’s License.

3.1.3 Additional instruction as needed to obtain State Issued Driver’s License.

3.1.4 Instruction for Vehicle Care and Safety to include (class may be optional)

How to purchase a vehicle Vehicle registration process How to keep vehicle maintained and safe for the road How to sell a vehicle/title transfer

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SECTION 1-A: Scope of Work

3.2 Provide training and instructions to the entire county approved and categorized on the

ADOT Third Party Professional Driving School, Operator Training School List.

4.0 SPECIFIC REQUIREMENTS:

4.1 Service Request

4.1.1 Accept all referrals received from DCS as stated in Section 3.1

4.1.2 The Contractor shall acknowledge receipt of the service request in Guardian within 48 hours of receipt. Notify DCS if there are concerns with the requested service or with the referral questions, in order to develop the best strategy for service(s).

4.2 Must have vehicle(s) available for behind the wheel instruction that is fully equipped and insured for training activity

4.3 Must be a driving educator approved by the Arizona Department of Transportation and be listed by service county on the ADOT Professional Driving School (PDS) & Operator Training Schools (https://azdot.gov/motor-vehicles/driver-services/tests-manuals-and-driving-schools/driving-schools).

4.4 Must be approved by ADOT to have the MVD Road Test Waiver.

5.0 CONTRACTOR REQUIREMENTS:

5.1 Staffing:

5.1.1 Provide one to one behind the wheel instructions as required by the State of

Arizona Motor Vehicle Law Requirements to obtain instructional permit and thereafter, State Issued Driver’s License.

5.1.2 Provide one to one behind the wheel instructions as required by the State of

Arizona Motor Vehicle Law Requirements to obtain State Issued Driver’s License.

5.1.2 Ensure that employed or contracted staff meet the following qualifications:

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

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SECTION 1-A: Scope of Work

2. Insure that all instructor have a valid instructional licenses and certification to provide driving instruction to minors.

3. Instructor shall be a professional and operator training company accredited by the State of Arizona Motor Vehicle Division

4. Upon hire and on a bi-annual basis, verify that drivers providing services to the DCS clients must, at all times, be in “good standing’ with the Arizona Department of Transportation Third Party Driving instruction requirement as defined in A.A.C. R-17-7-101 and shall meet all of the third party application requirements set forth in A.A.C. Title 17, Chapter 7, Article 3. In addition, those applicants seeking certification to conduct driver license training and instruction must hold a valid Arizona driver’s license and all necessary endorsements for the operation of the vehicle in which the written or demonstrative skills training and instruction are to be administrated; not have had his or her driving privileges revoked or suspended in Arizona or any other state within the past thirty-none (39 months; and meet the remaining eligibility criteria for third Party trainer certification as contained in A.A.C Title 17, Chapter 7, Article 7.

5. Have a clear pre-employment drug test result, as well as clear random biennial drug testing results.

5.2 Professional Standards:

5.3.2 Staff shall treat clients in a courteous manner, refraining from profanity and adverse personal gestures toward them during services performed.

5.3.3 No employees, under any circumstances, shall engage with clients in any act of sexual contact and/or sexual conduct as defined in A.R.S. § 13-1401 and A.R.S. § 13-3551.

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

5.4 Transportation

5.4.1 Student pickup from work, home, or school is included in the cost of driving program.

6.0 Reporting Requirements:

6.1 DCS reserves the right to request the Contractor to submit additional or revised reports related to the service provisions.

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SECTION 1-A: Scope of Work

6.2 Comply with all reporting as required with ADOT’s Third Party Training program.

7.0 PAYMENT UNITS

7.1 Payment units for services to include elements described in Sections 3.1.1 through 3.1.4 above.

8.0 PERFORMANCE REQUIREMENTS

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

# Performance Measure Reference

Classroom, including on-line and behind the wheel training for students that do not currently have an instructional permit

Section 3.1.1

Classroom, including on-line and behind the Wheel training for students that have an instructional permit

Section 3.1.2

Additional Instruction for Students who do not archive driver’s license

Section 3.1.3

4 Vehicle life couching class (if applicable) Section 3.1.4

9.0 DEFINITIONS

1. Arizona Department of Child Safety (DCS): 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.

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SECTION 1-A: Scope of Work

5. Case Plan: DCS shall facilitate the development of an individualized, family-centered, written case plan for every child, youth, and family receiving ongoing services from the Department.

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

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

8. 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.

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

10. 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.

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

12. CCPT: means Collaborative Community Partnership Teams

13. CMDP: means Comprehensive Medical and Dental Program

14. Community Resource: is composed of appropriate community representatives, including but not limited to representation from families in the community and local public and community service agencies. Faith-based organizations, schools, business, and others may also be included.

15. Court Appointed Special Advocates (CASA): A volunteer who provides advocacy for children involved in the Juvenile Court process. A judge for the life of the case appoints them. CASAs have access to all documents and information about the child and the birth family history.

CASAs provide information to the court to assist in making decisions concerning what is in the child’s best interest.

16. Days: are calendar days unless otherwise stated.

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

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

18. 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.

19. Foster Care Review Board (FCRB): is a group of volunteers who review the case of every dependent child who remains in out-of-home care at least every six (6) months. The FCRB is mandated to make determinations in these four key areas: safety, necessity, and appropriateness of placement; case plan compliance; progress toward mitigating the need for foster care; and a likely date (target date) by which the child may be returned home or placed for adoption or legal guardianship.

The FCRB cannot direct the agency to take specific actions concerning a child; however, it may make recommendations to the Juvenile Court regarding plans and services for a child or

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SECTION 1-A: Scope of Work family. Foster Caregivers are encouraged to attend either in person or by telephone to provide valuable input about the care and progress of the child.

20. Foster Care: Care and supervision provided to a child who is in the custody of the state.

21. Foster Care Supports: Oversees the recruitment and retention of foster homes. Responsible for working with the communication and marketing teams to support foster home recruitment, study and supervised process throughout the state, including marketing strategies necessary for informing the public of the State’s continuous need for foster homes.

22. Foster Child: A person less than 18 years of age who is receiving foster care. “Foster Child” is further defined under A.R.S. § 8-501(4). For the purpose of this contract, “foster child”:

Includes a young adult less than 21 years of age who continues to reside in a foster home under written individual case plan agreement for out-of-home care, or under the Independent Living Program defined in A.R.S. § 8-521;

Includes a child with Developmental Disability placed by DCS in a child developmental home;

Does not include a young adult who has returned to foster home under the Transitional Independent Living Program defined in A.R.S. § 8-521.01; and Does not include the birth or adopted child, of a foster parent, or other household member.

23. Foster Home: Means a residence where a foster parent lives and includes a detached home, all structures, and the entire premises belonging to the home, including apartments, guest homes, garages, sheds, and motorhomes. “Foster home” is further defined under A.R.S. § 8- 501.

24. Foster Parent: Means an individual or married couple, who provides foster care with a license from the OLR. “Foster parent” is further defined under A.R.S. § 8-501. For the purpose of this contract, “Foster family”, is held to the same definitions.

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

26. Individual Service Plan: A written document that identifies the young adult’s goals for self-sufficiency and the target date, desired outcomes, tasks, time frames and responsible parties.

27. 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.

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

29. Permanent Housing: A living arrangement chosen and secured by (or on behalf of) a young adult, where the young adult resides (or will reside after exiting the Extended Foster Care Program) and has demonstrated the ability to maintain independent of supports provided through the Department

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

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

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

33. RBHA: means Regional Behavioral Health Authority

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SECTION 1-A: Scope of Work

34. Rural Counties: Include Mohave, La Paz, Yuma, Yavapai, Coconino, Navajo, Apache, Gila Graham, Greenlee, Cochise, and Santa Cruz Counties.

35. Safe: a state in which a child is not in danger of immediate or serious harm.

36. Safe Sleep: The Safe to Sleep® campaign, formerly known as the Back to Sleep campaign, focuses on actions parents/caregivers can take to help their baby sleep safely and to reduce the baby's risk of Sudden Infant Death Syndrome (SIDS) and other sleep-related causes of infant death. All homes with a placement under one (1) year of age shall have a Safe Sleep Commitment Form signed and placed in the case records.

37. Safety Threats: Family behavior, conditions or circumstances that could result in harm to a child.

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

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

40. 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).

41. Transitional Youth: A person age eighteen (18) through twenty (20) and who was formerly in foster are and the subject of a dependency petition, adjudicated dependent or placed voluntarily pursuant to A.R.S. § 8-806.

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

43. Young Adult: A person age sixteen (16) through age twenty (20) who is under the care, custody and control of DCS.

44. 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.

10.0 PRICING

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SECTION 1-A: Scope of Work

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:

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

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SECTION 1-A: Scope of Work

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

d. Invoice must display the corresponding contract number

2. Via the DCS Case Management Welfare System (if applicable)

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.

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.

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SECTION 1-A: Scope of Work

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-A

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SECTION 1-B: Special Terms and Conditions

SECTION 1-B: 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

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SECTION 1-B: Special Terms and Conditions 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 Contractor fails to provide recommended information, the State may, at its sole

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SECTION 1-B: Special Terms and Conditions 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 four (4) additional one (1) year periods or portions thereof for a total contract term not to exceed five (5) years. The terms and conditions of any such contract extension shall remain the same as the original contract.

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

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

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

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SECTION 1-B: Special Terms and Conditions

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 the information contained in the Central Registry as a factor to determine qualifications for positions that provide direct service to children or

Office of Procurement & Contracts

SECTION 1-B: Special Terms and Conditions 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

3.9 Fingerprinting 1. Contractor shall comply with, and shall ensure that all of Contractor’s employees, independent contractors, subcontractors, volunteers and other

Office of Procurement & Contracts

SECTION 1-B: Special Terms and Conditions 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;

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;

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SECTION 1-B: Special Terms and Conditions

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;

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:

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SECTION 1-B: Special Terms and Conditions

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

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

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SECTION 1-B: Special Terms and Conditions

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;

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

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SECTION 1-B: Special Terms and Conditions 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 in 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 illustrates how the contractor shall perform up to contractual standards in the event of a pandemic.